101. Rules regarding security for costs deposited with the Nazir.
- In the case of money deposited with the Nazir as security for costs under Order XLI, Rule 10 Civil Procedure Code, the following rules shall be observed :I. When a deposit of money has been made by the appellant by way of security for costs, any surplus in excess of the secured costs shall be returned to the appellant or his Advocate, as soon as the bill of costs has been prepared and the decree issued.II. Deposit unclaimed for ten years after the date of the final decree shall be credited to Government.III. For the purpose of these rules, the Advocate, who represented the depositor in the appeal, shall be entitled to receive the refund (i ) as a matter of course, within one year from the date of final decree, or (ii) on making a statement in writing that his client is alive and that he still represents such client, if more than a year has elapsed from the date of final decree.IV. If a depositor dies after the decision of the appeal, or application in which the deposit is made, it shall not, if in excess of Rs.200/- be returned to the person claiming to be his legal representative unless he establishes his right thereto by letters of administration, probate or a succession certificate. If the deposit is not in excess of Rs.200 /- the Registrar may return it to the person claiming to be the legal representative of the depositor on the production of such evidence as the Registrar may deem sufficient.V. Depositors of sums over Rs.500 /- should be advised to, and may, purchase and deposit, instead of cash, Government Securities of like value so as to avoid loss of interest.VI. A list showing all money in deposit as security for costs shall be published on the Notice Board once a year on the first day of July. .
