No. 2 of CPC : No. 2: SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh vs. Suresh
Details:
- Ramesh (plaintiff) sued Suresh (defendant) in a civil court for breach of contract.
- The court passed a decree in favor of Ramesh on 15th March 2023, ordering Suresh to pay Rs. 5,00,000 to Ramesh.
- Suresh filed an appeal against the decree in the High Court, and the appeal is still pending.
- Ramesh applied for the execution of the decree to recover the amount.
- Suresh requested a stay on the execution of the decree until the appeal is decided.
- The court ordered Suresh to provide a security bond to stay the execution.
Security Bond:
- Suresh, of his own free will, stands as security to the extent of Rs. 5,00,000.
- He mortgages his property located at 123, Green Street, Mumbai.
- Suresh covenants that if the decree is confirmed or varied by the Appellate Court, he will act according to the decree and pay the amount due.
- If Suresh fails to comply, the amount will be re...
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