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Shum Shu Bibi Vs. Muhammad Rashid Ali Khan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1930Mad355; 126Ind.Cas.110a
AppellantShum Shu Bibi
RespondentMuhammad Rashid Ali Khan and ors.
Excerpt:
civil procedure code (act v of 1908), order xli, rule 10 - order directing amount to be paid into court as security for costs--non-compliance--dismissal of appeal--legality of dismissal. - 1. we think that an order directing a certain amount to be paid into court on an application for security for costs is an order under order xli, rule 10, schedule i, civil procedure code, the non-compliance with which will entail the dismissal of the appeal. in this case the amount was not paid into court within the time ordered, and phillips, j., dismissed the second appeal. we see no grounds for interference. this letters patent appeal is dismissed with costs of respondents nos. 1 to 4.
Judgment:

1. We think that an order directing a certain amount to be paid into Court on an application for security for costs is an order under Order XLI, Rule 10, Schedule I, Civil Procedure Code, the non-compliance with which will entail the dismissal of the appeal. In this case the amount was not paid into Court within the time ordered, and Phillips, J., dismissed the second appeal. We see no grounds for interference. This Letters Patent Appeal is dismissed with costs of respondents Nos. 1 to 4.


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