To,
This security bond on stay of execution of decree executed by witnesseth:
That....................................., the plaintiff in Suit No. ................ of .................. 20........
having sued, 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, 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 security to the extent of
Rs................ mortgaging the properties specified in the schedule hereunto 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 (Signed)
Witnessed by
1. .......................................
2. .......................................
HIGH COURT AMENDMENTS Andhra Pradesh :
Same as by the Madras High Court.
Bombay:
Same as in Form No. 2.
Kerala :
Same as by the Madras High Court (..........20............)
Madras :
In second paragraph of the Form after, the words "be reversed or varied by the Appellate Court"
insert the words "or in further appeal or appeals from the decree of the said Court."

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.

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.

Security Bond to Be Given During the Pendency: Format

Using this format

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