Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) The law on this point is given in rules 26 to 29 of Order XXI and rules 5 to 8 of Order XLII. Usually stay of execution is allowed only when appropriate security is furnished by the Judgment-debtor. The forms given in the Code for security bonds are Nos. 2 to 4 of Schedule I, Appendix C of the Code. The fact that the only forms of security bonds given in the Code are forms Nos. 2, 3 and 4 in Appendix G of Schedule I of the Code, would not justify a mortgage security being taken in every case. The Judge should exercise a discretion as to the nature of the security to be furnished, and if he, in the exercise of that discretion, does not consider that security of the nature for which forms Nos. 2, 3 and 4 of Appendix G of Schedule I of the Code are appropriate should be furnished he may require security of any other kind to be furnished, and for security of this nature forms Nos. 3 and 4 at pages 526 and 527 and of Volume II and the format at page 529 of Volume II should be used. In proper cases the security required should take the form of money deposited in Court. (ii) Form No. 5 given at page 528 of Volume II is for use as a notice to show cause against stay of execution; for, execution should not, as a rule, be stayed without giving the other party an opportunity of showing cause against the stay. An exception to this general rule is provided for in sub-rule (4) of rule 5 of Order XLII. Where an order for stay of execution is