The Code Of Civil Procedure 1908
Order 41 :
Rule 10 :
Appellate Court may require appellant to furnish security for costs :
(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 1.[India], and is not possessed of any sufficient immovable property within 1.[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.
State Amendment :
High Court Amendment-[Allahabad] :
In the proviso to sub-rule (1) of rule 10 substitute the words "the State", for the word "India" where it occurs for the second time.-(1-6-1957).
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1. Substituted by Act 2 of 1951, section 3, for “the States”.
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