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Legal Format & Draft

Security Bond to Be Given on Order Being Made

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

(Under Order 41, Rule 5, Code of Civil Procedure)
(Form No. 2, Appendix G, CPC)
In the Court of .........
Suit No . ……..of……..
A Plaintiff degree holder
versus
B Defendant ‑ Judgment Debtor
This security bond on stay of decree executed by .........
WITNESSETH: THAT the plaintiff in suit No . ……..of 20……..having served . ……..the defendant in this court and a decree 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, occured the said appeal is still pending.
NOW the plaintiff‑decree holder having applied to execute the decree, the defendant has made an application praying for stay of execution, and as 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 confirmed or varied by the appellate court, the said defendant shall duly act in accordance with the decree of the appellate court and shall pay what ever may be payable by him there under 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
WITNESSES Schedule
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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