Question

According to the Code of Civil Procedure, 1908, who can direct the Court that passed the decree to take security when an execution order is challenged in appeal?

• A. Only the High Court exercising writ jurisdiction
• B. The Appellate Court hearing the appeal
• C. The District Registrar of Property Records
• D. The Police Authority of the concerned jurisdiction

Hint:

Order 41 Rule 5 CPC = Stay of execution + security directions by Appellate Court.

Answer 1

The Correct Option is B

Step 1: Understanding execution pending appeal.
Order 41 Rule 5 of the CPC empowers the Appellate Court to stay execution of a decree and order security when the judgment-debtor appeals.
Step 2: Applying the rule.
It is only the Appellate Court that has the authority to direct the subordinate court to take security or stay execution of the decree.
Step 3: Conclusion.
Thus, the Appellate Court—not the High Court, police, or registrar—can direct security.