The Code Of Civil Procedure 1908
Order 45 :
Rule 11 :
Effect of failure to comply with order :
Where the appellant fails to comply with such order, the proceedings shall be stayed, and the appeal shall not proceed without an order in this behalf of 1.[the Supreme Court] and in the meantime execution of the decree appealed from shall not be stayed.
State Amendment :
High Court Amendments-[Andhra Pradesh] :
Rule 11 deleted.-(21-8-1975).
[Punjab, Haryana and Chandigarh] :
Substitute the following for rule 11:
"11. Powers of Court pending appeal.-(1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court:
(a) impound any movable property in dispute or any part thereof; or
(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of the decree appealed from or of any decree or order which the Supreme Court may make on the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of any decree or order which the Supreme Court may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise."-(1-1-1974).
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1. Substituted by the A.O. 1950, for "His Majesty in Council".
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