Free Security Bond to Stay Decree (Order XL Rule 5) India PDF

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Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order XL, Rule 5) Format

Need a reliable Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order XL, Rule 5) Format to protect your interests during a stay order in civil litigation? Download our ready-to-use, customizable legal template in PDF or Word format today and ensure compliance with Indian court requirements under the Code of Civil Procedure (CPC).

In civil proceedings, when a court issues an order to stay the execution of a decree under Order XL Rule 5 of the CPC, the judgment-debtor or applicant is often required to furnish a security bond. This Security Bond Format serves as a guarantee that the applicant will abide by the court's conditions and compensate the decree-holder for any losses if the stay is vacated. It's a critical document to prevent abuse of the stay process and safeguard the rights of all parties involved.

Why is the Security Bond Format Important?

The security bond under Order XL Rule 5 is mandated by the CPC to ensure fairness in execution proceedings. Without it, courts may refuse to grant or continue a stay on decree execution, potentially leading to immediate enforcement actions like attachment of property or arrest. This Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order XL, Rule 5) Format helps you meet legal obligations swiftly, avoiding delays or dismissals in your application. It's especially vital in high-stake cases involving substantial monetary decrees, property disputes, or commercial litigations across India.

Key benefits include:

Legal Compliance: Precisely drafted to align with CPC provisions, reducing rejection risks.
Risk Mitigation: Protects the decree-holder by undertaking personal or surety liability.
Time-Saving: Ready-to-use template saves hours of drafting from scratch.
Customizable: Easily edit details like amounts, parties, and conditions to fit your case.

Key Elements of the Security Bond Format

A professional Security Bond under Order XL Rule 5 Format must include the following essential sections:

Heading and Court Details: Specify the court, suit number, and parties involved.
Recitals: Background of the decree, stay order, and reasons for the bond.
Undertaking Clause: Clear promise to pay the decreed amount or losses upon vacating the stay.
Security Amount: Exact sum secured, often with sureties if required.
Conditions of Bond: Terms for forfeiture, compliance, and duration.
Execution: Signatures of the principal, sureties (if any), witnesses, and attestation.
Verification: Affidavit-style verification by the executant.

Our free download Security Bond Format incorporates all these elements, formatted for Indian courts.

Who Should Use This Security Bond Sample?

This template is ideal for:

Judgment-debtors seeking temporary relief from decree execution in civil suits.
Businesses facing recovery suits or arbitration awards.
Individuals in property, debt recovery, or family disputes requiring stays.
Lawyers handling execution petitions under CPC Orders XXI and XL.

Common use cases include mortgage foreclosures, commercial debt enforcements, and partition suits where stays are crucial to maintain status quo.

Download Your Customizable Security Bond Format Now

Get instant access to our Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order XL, Rule 5) Sample in editable Word or printable PDF format. Perfect for pan-India applicability in District Courts, High Courts, or Supreme Court proceedings. Paid options ensure premium quality with unlimited customizations and legal vetting.

Important Note: While this ready-to-use legal template is based on standard CPC formats, customize it to your specific case facts. We strongly recommend consulting a qualified Indian lawyer for review before filing. For related documents, explore our Stay Order Application Format, Execution Petition Sample, or other CPC templates.

Ensure your stay application is bulletproof—download the Security Bond Format under Order XL Rule 5 today!

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (ORDER XL, RULE 5)

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, R. 5. ).

(Title)

This 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 of execution andhas 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 thereunder, and if he should fails 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, aid my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this.................. day of.................. 19..................

Schedule

(Signed)

Witnessed by

1...................

2...................

CASE LAW

Order 41, Rule 5

SCOPE OF THE PROVISION?REFUND TO JUDGMENT-DEBTOR WHEN NOT PROPER.

In the absence of an order of stay the decree was executable and the judgment-debtor deposited the decretal dues in the Executive Court. Once the decretal dues

had come into the Executing Court there was indeed no justification for the direction to refund the same to the judgment-debtor. On the other, the High Court could in its discretion either direct payment of the amount to the decree-holder subject to the terms safeguarding the interest of the judgment-debtor in the eventuality of reversal of the decree or direct the amount to be deposited or invested on terms of interest so that on the disposal of the first appeal appropriate directions could be given1.

SCOPE OF THE RULE

There is no universal practice of granting stay in every case in which appeal is filed. It must be asked for and obtained according to facts of the case. This rule equally applies to pre-emption decrees also. It is undoubtedly true that it is a piratical right but once it is granted, it has all the force of a decree and there is no reason why a different rule with regard to the execution of such a decree should be adopted2.

NON-MAINTAINABILITY OF APPEAL AGAINST ORDER OF SINGLE JUDGE.

It could never have been intended by the Legislature that a Division Bench of the High Court might be allowed to hear appeals against orders of interlocutory nature passed by a single Judge on applications like O. 41, R. 5, C. P. C. or other stay applications under Article 226 or along with petitions under the Company law unless those orders finally and conclusively determine the right of the parties in those proceedings?.

APPLICATION TO APPEAL IN FORMA PAUPERIS

(O. 44, R. 1.)

(Title)

I......................................................................... the above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.

Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

Dated the......................... day of............................... 19..................

(Signed)

[Note? Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper].

1. Certtral Bank of India v. State of Gujarat and others. (1987) 4 S. C. C. 407.

2. Naib Singh v. Bikrama Singh, 1972 R. L. R. 315.

3. Radhey Shyam v. Sita Ram, A. I. R. 1981 Raj. 105.

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Important Guidelines

Guidelines for Drafting Security Bond under Order XL, Rule 5:

A Security Bond under Order XL, Rule 5 of the Code of Civil Procedure (CPC) is used when a party seeks a stay on the execution of a decree pending the appeal process. Here are guidelines for effective drafting:

Clearly Specify Purpose: Clearly articulate the purpose of the security bond, which is to secure the amount of the decree during the appeal period.

Quantify the Amount: Specify the exact amount for which the security is being provided, ensuring it covers the decree amount, interest, and potential costs.

Provide Security Details: Clearly outline the nature of the security being offered, whether in the form of cash, fixed deposit, or any other acceptable form.

Include Affirmative Statements: Include affirmative statements from the surety, affirming their willingness to be bound by the terms of the bond.

Common Mistakes to Avoid:

Inadequate Amount: Ensure the security amount is sufficient to cover the decree, interest, and potential costs. Inadequate security may lead to the rejection of the bond.

Vague Terms: Avoid vague or ambiguous terms in the bond. Clearly define the obligations and conditions to prevent misunderstandings.

Lack of Affirmative Statements: Ensure the bond includes clear affirmative statements from the surety, expressing their commitment to fulfill the terms of the bond.

Failure to Follow Court Requirements: Adhere to court-specific requirements and formats for security bonds. Failure to do so may lead to the rejection of the bond.

By following these guidelines and avoiding common mistakes, you can draft a comprehensive Security Bond under Order XL, Rule 5 CPC, ensuring its acceptance by the court for staying the execution of a decree pending appeal.

Frequently asked questions

What is a Security Bond under Order XL, Rule 5 of CPC?→

This is a legal agreement furnished by the judgment-debtor in India to secure the decree-holder's interests when the court stays execution of a decree under Order XL Rule 5 CPC. It ensures compensation for any loss caused by the stay.

Is this Security Bond template legally valid in Indian courts?→

Yes, this customizable template complies with Order XL Rule 5 CPC requirements and is valid in Indian courts when properly executed, stamped, and filed.

Do I need to pay stamp duty on this Security Bond in India?→

Yes, stamp duty applies as per the Indian Stamp Act, varying by state. Affix appropriate stamps before execution; consult local laws for exact rates.

In what format can I download this Security Bond document?→

Download this legal agreement in editable Word or ready-to-use PDF format for easy customization and printing in India.

Can I edit or customize this Security Bond template?→

Yes, this Word format template is fully customizable. Edit details like amounts, parties, and court info to suit your case under Indian law.

Who should use this Security Bond and when?→

Judgment-debtors use this bond when applying for a stay on decree execution under Order XL Rule 5 CPC in civil suits in India.

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (ORDER XL, RULE 5)

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, R. 5. ).

(Title)

This security bond on stay of execution of decree executed by.................. witnesseth:

Schedule

(Signed)

Witnessed by

1...................

2...................

CASE LAW

Order 41, Rule 5

SCOPE OF THE PROVISION?REFUND TO JUDGMENT-DEBTOR WHEN NOT PROPER.

In the absence of an order of stay the decree was executable and the judgment-debtor deposited the decretal dues in the Executive Court. Once the decretal dues

SCOPE OF THE RULE

NON-MAINTAINABILITY OF APPEAL AGAINST ORDER OF SINGLE JUDGE.

APPLICATION TO APPEAL IN FORMA PAUPERIS

(O. 44, R. 1.)

(Title)

Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

Dated the......................... day of............................... 19..................

(Signed)

[Note? Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper].

1. Certtral Bank of India v. State of Gujarat and others. (1987) 4 S. C. C. 407.

2. Naib Singh v. Bikrama Singh, 1972 R. L. R. 315.

3. Radhey Shyam v. Sita Ram, A. I. R. 1981 Raj. 105.

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