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 having applied to execute the decree, the defendant has made
an application praying for stay of execution and has been called upon to furnish security.
Accordingly 1, of my own free will, stand security to the extent of Rs. .................. mortgaging
the properties specified in the schedule hereunto annexed, and convenient 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 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 in Madras High Court.
Bombay:
In Appendix G, in Form Nos. 2 and 3, the following shall be added as a note :
Note.- Unless appropriately altered, the printed form binds the surety only to an immediate
appeal from the decree mentioned in the bond, and does not cover any obligation in respect of
any further appeal.
And further, in Form No. 3 of the said Appendix C, for the opening words 'This security bond on
stay of execution of decree executed by witnesseth-".
Substitute the following :
"This security bond, on order being made for execution of decree ......................... executed by
witnesseth-".
Kerala :
Same as by Madras High Court.
Madras:
After the words “be confirmed or varied by the Appellate Court" in the second paragraph, add
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 on Order Being Made

Using this format

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