10. No person shall be permitted to appeal in forma pauperis except by leave of the trial or the appellate court,
and then only on grounds of law; but if so permitted, the provisions of this Order shall apply mutates mutandis to
all proceedings on the appeal.
Order 53
Costs
Security for Costs
1. (1) Where, on the application of the defendant to an action or other proceeding in the Court, it appears to the
Court that the plaintiff(a) is ordinarily resident out of jurisdiction; or
(b) (not being a plaintiff who is suing in a representative capacity), is a nominal plaintiff who is suing for the
benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the
defendant if ordered to do so; or
(c) subject to paragraph (2), has no address stated in the writ or other originating process or is incorrectly stated
therein; or
(d) has changed his address during the course of the proceedings with a view to evading the consequences of the
litigation, then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order
the plaintiff to give such security for the defendant's costs of the action or other proceeding as it thinks just.
(2) The Court shall not require a plaintiff to give security by reason only of paragraph (1) (c) of this rule if he
satisfies the Court that the failure to state his address or the mis-statement thereof was made innocently and
without intention to deceive.
(3) The references in the foregoing rule to a plaintiff and a defendant shall be construed as references to the
person (howsoever described on the record), who is in the position of plaintiff or defendant, as the case may be,
in the proceeding in question, including a proceeding on a counter-claim.
2. Where an order is made requiring any party to give security for costs, the security shall be given in such
manner, at such time and on such terms (if any), as the Court may direct.
Costs between Party and Party
3. In every suit, the costs of the whole suit and of each particular proceeding therein and the costs of every
proceeding in the Court shall, be in the discretion of the Court as regards the person by whom they are to be
paid.
4. The Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole
suit, although the Court may order the successful party, notwithstanding his success in the suit to pay the costs of
any particular proceeding therein.
5. The Court may order any costs to be paid out of any fund or property to which a suit or proceeding relates.
6. When the Court adjudges or orders any costs to be paid, the amount of such costs shall be, if practicable,
summarily determined by the Court at the time of making the judgment or order, and named therein.
7. In fixing the amount of costs, the principle to be observed shall be that the party who is in the right shall be
indemnified for the expenses to which he has been necessarily put in establishing his claim, defence or counterclaim, but the Court may take into account all the circumstances of the case.
8. Where the Court orders costs to be paid, or security to be given for costs by any party, the Court may, if it
thinks fit, order all proceedings by or on behalf of that party in the same suit or proceedings, or connected
therewith, to be stayed until the costs are paid or security given accordingly, but such order shall not supersede
the use of any other lawful method of enforcing payment.