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Bare acts > Code of Civil Procedure, 1908 > Order 45 Rule 7
 
   


 

7. Security and deposit required on grant of certificate.- (1) Where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the court may upon cause shown allow from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date,—

(a) furnish security in cash or in government securities for the costs of the respondent, and

(b) deposit the amount required to defray the expense of translating, transcribing, indexing printing, and transmitting to the Supreme Court a correct copy of the whole record of the suit, except—

(1) formal documents directed to be excluded by any rule of the Supreme Court in force for the time being;

(2) papers which the parties agree to exclude;

(3) accounts, or portions of accounts, which the officer empowered by the court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and

(4) such other documents as the High Court may direct to be excluded:

Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:

Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security.


HIGH COURT AMENDMENTS

Allahabad.- In Rule 7(1) (b) between the words “the respondent” and the word “and” insert the following words;

“except when the Government is the applicant.”

In the first proviso to Rule? (1) for the words “at the time of granting the certificate” substitute the words “at any time before expiry of the period for furnishing security.” (4.2.1939).

Andhra Pradesh.- Rule 7 shall be omitted. (4.8.1975).

Kerala, Laccadive, Minicoy and Amindivi Islands.- In Rule 7, after sub-rule (1), the following sub-rule shall be inserted, namely:

“(2) No such security as is mentioned in Rule 7(1), clause (a) shall he required from the Government or, where State Government has undertaken the defence of the suit, from any Public Officer and in respect of an act purporting to be of done by him in his official capacity”. (.6.1959).

Rule 7-A:

Bombay.- After Rule 7, the following rule shall be inerted, namely:

“7-A. Security not to be demanded from Union or State Government or, Government servant defended by Government.— No such security as is mentioned in clause (a) [of sub-rule (1) of Rule 7 above] shall be required from the Union of India or a State Government or where Government has undertaken the defence of the suit from any Public Officer sued in respect of an act alleged to have been done by him in his official capacity. (1.10.1985).

Gujarat.- Same as that of Bombay except the words put in brackets and for “have been’ in last line read “be”. (17.8.1961).

Madhya Pradesh.- Same as that of Gujarat. (16.9.1960).

 

 

 

 

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