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Sachindra Nath Dutt Vs. Secy. of State for India and ors. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtKolkata
Decided On
Reported inAIR1930Cal520
AppellantSachindra Nath Dutt
RespondentSecy. of State for India and ors.
Excerpt:
- c.c. ghose, j.1. in my opinion, the order complained of cannot be supported. the appeal was filed on 14th july 1928 and the application on which the order complained of was made was not put in till 6th february 1929. it is elementary that, if a party to a suit tar appeal desires to apply for security for costs, he must do it promptly. otherwise, the order made on such an application may have the effect of stifling the suit or appeal. in that view of the matter, the orders of 12th february and 23rd february 1929 must be set aside. as the opposite party does not appear, there will be no order as to costs.
Judgment:

C.C. Ghose, J.

1. In my opinion, the order complained of cannot be supported. The appeal was filed on 14th July 1928 and the application on which the order complained of was made was not put in till 6th February 1929. It is elementary that, if a party to a suit tar appeal desires to apply for security for Costs, he must do it promptly. Otherwise, the order made on such an application may have the effect of stifling the suit or appeal. In that view of the matter, the orders of 12th February and 23rd February 1929 must be set aside. As the opposite party does not appear, there will be no order as to costs.


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