The Code Of Civil Procedure 1908
Order 41 :
Rule 6 :
Security in case of order for execution of decree appealed from :
(1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security.
(2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of.
State Amendment :
High Court Amendment-[Calcutta] :
The following is added as sub-rule (3):
"(3) Where no such application has been presented to the Court which made the order, an application for the stay df the sale shall not be entertained by the appellate Court".
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