Order XLV Rule 13: Powers of Court of 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 moveable 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 any 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 order which 1[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.

Effective date: 1909-01-01

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