Sihor Nagar Palika Bureau vs Bhabhlubhai Virabhai & Co

The Supreme Court held that under Order XLI Rule 1(3) and Rule 5(5) of the Code of Civil Procedure, the Appellate Court has discretion to either require a deposit of the disputed amount or allow the furnishing of security. The Court emphasized that such discretion must be exercised judiciously based on the circumstances of each case. The Court granted the appellant the option to furnish security in place of cash deposit, thereby staying the execution of the decree pending appeal.