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Archakam Venkatapathi Deekshathulu Vs. Kathiramangalam Chenga Reddi and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1923Mad594; 72Ind.Cas.900
AppellantArchakam Venkatapathi Deekshathulu
RespondentKathiramangalam Chenga Reddi and anr.
Cases ReferredAssan Mahomed Sahib v. Rahiman Sahib
Excerpt:
provincial small cause courts act (ix of 1887), section 17, whether mandatory - security, personal, whether can be accepted. - - 273. no doubt there is nothing in the section to prevent personal security being accepted if the court is satisfied of its sufficiency but it would not ordinarily do so.krishnan, j.1. the munsif was wrong in thinking that he could dispense with the security required by section 17 of the provincial small cause courts act. the provision is mandatory, as held in assan mahomed sahib v. rahiman sahib 55 ind. cas. 977 :(1920) m.w.n. 375 : 27 m.l.t. 273. no doubt there is nothing in the section to prevent personal security being accepted if the court is satisfied of its sufficiency but it would not ordinarily do so. in any case, the mere word of the defendant, against whom the decree is asked for in the suit, is no security at all. the order of the munsif is set aside and he is directed to take the case on to his file and pass fresh orders according to law. costs to abide and follow.
Judgment:

Krishnan, J.

1. The Munsif was wrong in thinking that he could dispense with the security required by Section 17 of the Provincial Small Cause Courts Act. The provision is mandatory, as held in Assan Mahomed Sahib v. Rahiman Sahib 55 Ind. Cas. 977 :(1920) M.W.N. 375 : 27 M.L.T. 273. No doubt there is nothing in the section to prevent personal security being accepted if the Court is satisfied of its sufficiency but it would not ordinarily do so. In any case, the mere word of the defendant, against whom the decree is asked for in the suit, is no security at all. The order of the Munsif is set aside and he is directed to take the case on to his file and pass fresh orders according to law. Costs to abide and follow.


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