Bare ActsCode of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only)

Section 7-FIRST-SCHEDULE-30

Security and deposit required on grant of certificate

Amendment status not verified — confirm the current text below against the official source.

(1) Where the certificate is granted, the applicant shall, within [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 [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, [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 [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: [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.] (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. Substituted by Act 26 of 1920, S.3, for "six months". Inserted by Act 26 of 1920, S.3. Inserted by the A.O. 1950. Substituted by the A.O. 1950, for "His Majesty-in-Council". Substituted by the A.O. 1950, for the words "Order of His Majesty-in-Council". Added by Act 26 of 1920, S.3.

Section 7-FIRST-SCHEDULE-30 – Code of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only) | DailyLaw.ai