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No. 3 of 1901.
Security for costs.
s. 94 (4).
CODE OF CIVIL PROCEDURE.
The payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any general rule or order of the court.
363.-(1) The court may, if in any case it thinks fit, H. K. Code, require any party to an action or other proceeding, either at the commencement or at any time during the progress thereof, to give security for costs, and, in the case of a plaintiff, may stay proceedings until such security has been given.
O. 65, r. 6.
O. 65, r. 7.
Effect of failure of plaintiff to give security for costs.
(2) A plaintiff ordinarily resident out of the jurisdiction may be required to give security for costs, although he may be temporarily resident within the jurisdiction.
(3) The security shall be of such amount, and be given at such times, and in such manner and form as the court may direct.
(4) Where a bond is to be given as security, it shall, unless the court otherwise directs, be given to the party or person in whose favour the security is ordered to be given.
364.-(1) In the event of the plaintiff who has been required to give security for costs not giving it within the time fixed for that purpose, the court may dismiss the action unless the plaintiff is permitted to withdraw from the action or shows good cause why such time should be extended, in which case the court may extend it.
Indian Code, s. 381.
Set-off for costs.
(2) Where an action is dismissed under this section, the plaintiff may apply to the court to set the dismissal aside, and if it is proved, to the satisfaction of the court, that he was prevented by any sufficient cause from giving the security within the time fixed for that purpose, the court may set aside the dismissal, on such terms, as to security, costs, or otherwise as it may think fit.
(3) The dismissal shall not be set aside unless the plaintiff has served the defendant with notice in writing of his application.
365. The court may direct that the costs payable to one party by another shall be set off against a sum which is admitted or is found in the action or other proceeding to be due from the former to the latter,
Indian Code, s. 221.
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