SECURITY BOND BY A RECEIVER APPOINTED IN A SUIT ORDER 40, RULE 3(A), C.P.C KNOW ALL MEN, ETC. (AS IN FORM 10)
Whereas, a suit has been filed in the court of the District Judge - by ..................., etc., against ................., etc., for the possession of the immovable and movable property entered in the schedule to the plaint in the said suit;
And, whereas by an order of the said court, ........................... has been appointed receiver of all the property in suit on the terms and conditions mentioned in the said order and subject to his entering into a bond for Rs. . .........with one surety for the purpose hereinafter appearing;
And, whereas the said ....................... has agreed to enter into the above bond and the said ..................has agreed to enter into the above bond as surety for the said ........................
Now, the condition of the above bond is this that if the said ......................... shall duly account for all and every sum and sums of money which he shall as such receiver receive on account of the rents and profits of the immovable property and in respect of the movable property mentioned in the plaint in the said suit and shall submit his accounts at such period and in such form as the said court shall direct and shall duly pay the balances which shall from time to time remain in his hands and such damages for any loss occasioned to the said property by his willful default or gross negligence as the said court shall direct and shall during the period of his appointment as such receiver fully obey and follow all the orders and directions passed and issued or which may hereafter be passed or issued by the said court to or for the guidance of the said ....................... as such receiver, then the above written bond shall be void but otherwise it shall remain in full force.
Forms of the bonds of security for stay of execution by original court, and by appellate court and for courts of appeal (Order 41, Rules 5, 6 and 10) are given in Forms Nos. 2, 3 and 4 in Appendix G to the Code of Civil Procedure and as they are statutory forms they may be used for these purposes. The court may execute its order holding the obligor to be in breach of the bond as if such order were a decree (sec. 145, CPC). Similarly, security bonds under the Code of Criminal Procedure are in prescribed Forms Nos. 3, 12, 13, 28 and 29 in Sch. II to that Code. They all provide for forfeiture of the specified amount to Government. The amount forfeited is recoverable as fine under that Code: [See sec. 546, Cr. P.C.]
