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Kedar Nath Chakrabarty and anr. Vs. Chandi Charan Mitter - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported inAIR1924Cal528,76Ind.Cas.510
AppellantKedar Nath Chakrabarty and anr.
RespondentChandi Charan Mitter
Excerpt:
civil procedure code (act v of 1908) order xli, rule 10 - appeal--security for costs--appeal accepted--surely, liability of. - .....we are consequently of opinion that the sureties never became liable to pay the sum claimed.3. the appeal is allowed with costs throughout, and the orders of the district judge and of the first court are set aside.4. we assess the hearing fee at one gold mohur in this.....
Judgment:

1. We are or opinion that the order of the District Judge cannot be supported. The security-bond has been placed before us. It provides that, 'in the event of the said appeal case being decided in favour of the plaintiff-respondent the said defendant appellant shall pay the sum of Rs. 128-5-0 on account of costs in the said two Courts and on his failing to pay, we (the executants of the bond) shall pay up the said sum.'

2. The event contemplated did not happen. In other words, the appeal case was not decided in favour of the plaintiff-respondent. We are consequently of opinion that the sureties never became liable to pay the sum claimed.

3. The appeal is allowed with costs throughout, and the orders of the District Judge and of the First Court are set aside.

4. We assess the hearing fee at one gold mohur in this Court.


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