Rule 1 Order XXV of Code of Civil Procedure 1908 "When security for costs may be required front 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 posses 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)
Rule 2 Order XXV of Code of Civil Procedure 1908 "Effect of failure to furnish security"
1) In the event of such security not being furnished
within the time fixed, the Court shall make an order
dismissing the suit unless the plaintiff or plaintiffs are
permitted to withdraw therefrom.
(2) Where a suit is dismissed under this rule, the plaintiff
may apply for an order 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 furnishing the
security within the. time allowed, the Court shall set aside
the dismissal upon such terms as to security, costs or
otherwise as it thinks fit, and shall appoint a day for
proceeding with the suit.
(3) The dismissal shall not be set aside unless notice of
such application has been served on the defendant.