THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Stay of proceedings and of execution

Order XLI Rule 6: Security in case of order for execution of decree appealed from

The Code of Civil Procedure, 1908

(1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security.

(2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of.

Questions on this rule

1 question in 5 of our papers cite Order XLI Rule 6. Try these from the free papers:

1. Consider the following statements under Order XLI of the Code of Civil Procedure, 1908: 1. Where an order has been made for the sale of immovable property in execution of a decree and an appeal from the decree is pending, the sale shall, on the judgment-debtor's application to the Court which made the order, be stayed on such terms as that Court thinks fit until the appeal is disposed of. 2. An Appellate Court, other than the High Court, which dismisses an appeal under Rule 11(1) after hearing the appellant, shall deliver a judgment recording in brief its grounds for doing so. 3. Notice of every proceeding incidental to an appeal must be served on every respondent, including one who neither appeared nor filed an address for service in the Court of first instance and has not appeared in the appeal. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code