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Jiwan Ali Beg Vs. Basa Mal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All203
AppellantJiwan Ali Beg
RespondentBasa Mal and ors.
Excerpt:
civil procedure code, section 549 - practice--appeal--security for costs--poverty of appellant. - .....we are unable to lay down any general rule by which the exercise of the discretion conferred by section 519 of the civil procedure code should be governed; but we may go so far as to say that the mere fact of the poverty of an appellant, standing by itself, and without reference to any of the general facts of the case under appeal, ought not to be considered sufficient alone to warrant his being required to furnish security for costs.petheram, c.j., oldfield and brodhurst, jj.,2. concurred.tyrrell, j.3. section 549 of the code prescribes no conditions which absolutely entitle a respondent to an order under the terms of that section requiring the appellant to furnish security for the costs of the appeal; and i should hesitate to import into the provisions of the section any rule either.....
Judgment:

Straight, J.

1. We are unable to lay down any general rule by which the exercise of the discretion conferred by Section 519 of the Civil Procedure Code should be governed; but we may go so far as to say that the mere fact of the poverty of an appellant, standing by itself, and without reference to any of the general facts of the case under appeal, ought not to be considered sufficient alone to warrant his being required to furnish security for costs.

Petheram, C.J., Oldfield and Brodhurst, JJ.,

2. concurred.

Tyrrell, J.

3. Section 549 of the Code prescribes no conditions which absolutely entitle a respondent to an order under the terms of that section requiring the appellant to furnish security for the costs of the appeal; and I should hesitate to import into the provisions of the section any rule either way upon the question whether or not the poverty of an appellant by itself justifies an order requiring him to furnish security for costs.


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