Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XLI · Appeals from Original Decrees

10Appellate Court may require appellant to furnish security for costs.

Order 41, Rule 10

(1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both:

Where appellant resides out of India.—Provided that the Court shall demand such security in all cases in which the appellant is residing out of 3[India], and is not possessed of any sufficient immovable property within 3[India] other than the property (if any) to which the appeal relates.

(2) Where such security is not furnished within such time as the Court orders, the Court shall reject the appeal.

3 Subs. by Act 2 of 1951, s. 3, for “the States”.

Order 41, Rule 10 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.