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Legal Format & Draft

Security Bond to Be Given During the Pendency

Reference draft used in Indian courts — replace the blanks with your own case details.

(Under order 41, Rule 6, Code of Civil Procedure)
(Form No. 3, Appendix G, CPC)
In the Court of ……….
Suit No. of
A Plaintiff ‑ Decree holder
versus
B Defendant ‑ Judgment debtor
THIS SECURITY BOND on stay of execution of decree executed by witnesseth:
That ……….the plaintiff in Suit No . ……….of………. 20……….having been passed on the ……….day of……….20………. in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending.
Now the plaintiff ‑decree holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly, I, of my own free will stand surety to the extent of Rs . ........... mortgaging the properties specified in the Schedule hereto annexed, and covenant that if the decree of the first court be reversed or varied by the appellate court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the appellate court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realised from the properties hereby mortgaged and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance.
To this effect I execute this security bond this .....……….day of ……….20……….
Schedule
WITNESSES ...... ....... 1 .
2. Signed

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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