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Narayanan Chettiar Vs. Chidambaram Chettiar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1940Mad585; (1940)1MLJ710
AppellantNarayanan Chettiar
RespondentChidambaram Chettiar
Excerpt:
- 1. the order of the lower court cannot be upheld. the learned subordinate judge had no power to order, pending trial of an application under order 9, rule 13 of the code of civil procedure that the applicant should deposit the costs of the suit or furnish security for the decree amount. if he had dealt with the application on its merits and had decided to grant it merely prescribing conditions under order 9, rule 13, no appeal would have been entertained. no such order was passed and the learned subordinate judge has dismissed the application merely because the security was not furnished. that he could not do. the order dismissing the application is accordingly set aside. the application must be restored to file and disposed of according to law. costs to abide and follow the result.
Judgment:

1. The order of the lower Court cannot be upheld. The learned Subordinate Judge had no power to order, pending trial of an application under Order 9, Rule 13 of the Code of Civil Procedure that the applicant should deposit the costs of the suit or furnish security for the decree amount. If he had dealt with the application on its merits and had decided to grant it merely prescribing conditions under Order 9, Rule 13, no appeal would have been entertained. No such order was passed and the learned Subordinate Judge has dismissed the application merely because the security was not furnished. That he could not do. The order dismissing the application is accordingly set aside. The application must be restored to file and disposed of according to law. Costs to abide and follow the result.


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