Indian Laws in English

The Code Of Civil Procedure 1908
Order 45 :
Rule 7 :
Security and deposit required on grant of certificate :
(1) Where the certificate is granted, the applicant shall, within 1.[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 2.[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 3.[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 4.[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:
5.[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.]
6.[***]
State Amendment :
High Court Amendments-[Allahabad] :
(i) In rule 7(1)(a) between the words "the respondent" and the word "and" insert the following words:
"except when the Government is the applicant".-(20-6-1936).
(ii) In the first proviso to rule 7(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 deleted-(4-8-1975).
[Kerala] :
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 be 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 done by him in his official capacity."- (9-6-1959).
[Punjab, Haryana and Chandigarh] :
Substitute the following for rule 7:
"7. Deposit required on grant of certificate.-(1) Where the certificate is granted, the applicant shall within ninety days of the order of the Supreme Court under rule 14(1) of the Supreme Court Rules for the time being in force or such further period not exceeding sixtydays as the Court may upon cause shown allow from the date of the Supreme Court order under rule 14(1), whichever is later:
(a) deposit the amount required to defray the expenses of translating, transcribing, indexing, printing and transmitting to the Supreme Court three copies 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 the 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".(1-1-1974).
Order 45, Rule 7-A
High Court Amendments-[Bombay] :
In Order XLV, after the existing rule 7, insert the following rule with marginal note as new rule 7-A and its marginal note:
"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."-(1-10-1983).
[Gujarat] :
Rule 7-A be inserted after rule 7:
"7-A. No such security as is mentioned in rule 7 (1), clause (a), shall be required from the Union of India, or, where the State 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."-(17-8-1961).
[Madhya Pradesh] :
Same as that of Gujarat-(16-9-1960).
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1. Substituted by Act 26 of 1920, section 3, for “six months”.
2. Inserted by Act 26 of 1920, section 3.
3. Inserted by the A.O. 1950.
4. Substituted by the A.O. 1950., for “order of His Majesty in Council”.
5. Added by Act 26 of 1920, section 3.
6. Sub-rule (2)omitted by the A.O. 1950.         

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