XLI, Rule 5(5) expressly mentions furnishing
security as specified in Rule 1(3). So Rule 5(5) mentions about the
security under Rule 5 ... after analysing the provisions of
Order XLI, Rule 1(3), Order XLI, Rule 5(5) and Order XXVII, Rule
8A of the Code, the Court
that time Rule 5 of Order XLI
CPC had only four subRules. Sub Rule (5) in Rule 5 of Order XLI
was inserted ... from providing security under Rule 8A of Order XXVII of CPC .
However, in 1976 Sub Rule (5) to Rule 5 of Order XLI
Rule 5(5) of Order XLI of the Code.
Sub‐Rule 3 of Rule 1 and sub‐Rule 5 of Rule 5 of Order XLI ... under Sub‐rule (3) of Rule 1 of Order XLI is as provided in Sub‐
rule (5) of Rule 5 of Order XLI which reads
rule (5) of Rule 5 expressly mentions furnishing of security as specified in Sub-rule (3) of Rule 1. So Rule 5 mentions about security ... provisions of Order XLI, Rules (3) and Rule 5(5) had to be read subject to Order XXVII, Rule 8A. Order XLI, Rule (3) states
under Sub‐rule (3) of Rule 1 of
Order XLI is as provided in Sub‐ rule (5) of Rule 5
of Order XLI which reads ... rule (3) of Rule 5 of Order XLI. As per the provisions of sub-
rule (3) of Rule 5 of Order XLI, the Court
ordered the execution to be stayed under Order XLI, Rule 5, Sub-rule 2 upon the condition that the judgment-debtor should furnish security ... Supposing the Court passes an order for stay of execution, upon furnishing security under Order XLI, Rule 5 ex parte and supposing the judgment-debtor
rejected or if it is granted, a security in terms of
Order XLI Rule 5(3) (c) must be taken from the appellants. The
learned ... Order XLI Rule
5(3)(c) of the Code. The Order XLI Rule 5(3)(c) of the Code is
extracted hereinbelow:-
"5
rule (1) of Rule 5 of Order
XLI. In terms of sub-rule (1) of Rule 5 of Order XLI, an appeal shall not
5 ... terms of sub-rule (5) of Rule 5 of Order XLI, the court shall not
make an order staying the execution of the decree notwithstanding
such decree or order as may be ultimately binding upon them". Order XLI, Rule 5(3)(c). This order was communicated to the District ... Court's order "Rule and ad interim stay" clearly meant, having regard to Order XLI, Rule 5, that security must be given
bound to obey only the order of the Court to which he is passing the bond and not the order of any other Court ... also be made in Rule 6 itself. Form No. 2 relating to the order of security under Order XLI, Rule 5, may also require
