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Security Bond To Be Given On Order Being Made To Stay Execution Of Decree.(o.41, R.5 Legal Draft Template

Category Agreements Civil Procedure Code
Format )
File name Security Bond to be given on Order being made to Stay Execution of Decree.(O.41, R.5.)

This is a sample legal draft for reference. Review and adapt it for your facts, and consult a qualified advocate before filing or execution.

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<h2>ToTHIS </h2>security bond on stay of execution of decree executed

by.................witnesseth:--That,

..............the plaintiff in Suit No. ........... of: 19, having sued, the

defendant, in this Court and a decree having been passed on the ...........day

of ............19......... 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 o execution 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 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 there under, and if he should fail therein then any amount so payable shall

be realized 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.........19........,ScheduleWitnessed

by1.2.

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