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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXV: Security For Costs

Order XXV Rule 1 CPC: When security for costs may be required from plaintiff

Bare Act text

[1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be incurred by any defendant:

Provided that such an order shall be made in all cases in which it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable property within India other than the property in suit.

(2) Whoever leaves India under such circumstances as to afford reasonable probability that he will not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of India within the meaning of the proviso to sub-rule (1).]

Amendment notes

  1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

At any stage of a suit, the Court may, on its own motion or the defendant's application, order the plaintiff, for recorded reasons, to give security within a fixed time for all costs incurred and likely to be incurred by any defendant. Such an order must be made where a sole plaintiff, or all plaintiffs, reside outside India and lack sufficient immovable property in India other than the property in suit. A person who leaves India so as to make it probable he will not be available to pay costs is deemed to reside outside India.

Order XXV: Security For Costs

  1. 1 When security for costs may be required from plaintiff
  2. 2 Effect of failure to furnish security
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