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Raghunath Singh Mohopatra and ors. Vs. Srimati Preya Sakhi Debi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal595,28Ind.Cas.598
AppellantRaghunath Singh Mohopatra and ors.
RespondentSrimati Preya Sakhi Debi
Excerpt:
criminal procedure code (act v of 1908), order xli, rule 10 - appeal, security for costs of--suit not vexatious--appellant having no money, whether bound to give security. - 1. in this case the only ground which is alleged for the application is that the appellant has no money of her own. that is, as it has often been hold, in itself no sufficient ground for demanding security for costs. it cannot be said that the shit is merely vexatious in its nature, as one court has held that the appellant is entitled to relief and the fact that her husband and her father-in-law may, as is alleged, have money to pay, is not to the point, as they are not called upon to pay costs which may be due by the appellant.2. the rule must, therefore, be discharged with costs, which we fix at one gold mohur.
Judgment:

1. In this case the only ground which is alleged for the application is that the appellant has no money of her own. That is, as it has often been hold, in itself no sufficient ground for demanding security for costs. It cannot be said that the shit is merely vexatious in its nature, as one Court has held that the appellant is entitled to relief and the fact that her husband and her father-in-law may, as is alleged, have money to pay, is not to the point, as they are not called upon to pay costs which may be due by the appellant.

2. The Rule must, therefore, be discharged with costs, which we fix at one gold mohur.


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