Budri NaraIn Vs. Sheo Koer

Budri Narain vs Sheo Koer

Type Court Judgment Court Kolkata Decided Jun 02, 1885

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Citation: sooperkanoon.com/873699
Court: Kolkata
Judge: Richard Garth, C.J. and ;Mitter, J.
Decided On: Jun 02, 1885
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Security for costs - Civil Procedure Code (Act XIV of 1882), Section 549--Appeal rejected for want of security--Extension of time for giving security. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Budri Narain

Respondent

Sheo Koer

Legal References

Cases Referred: Haidri Bai v. The East Indian Railway Co. I.L.R.
Reported In: (1885)ILR11Cal716

Excerpt

security for costs - civil procedure code (act xiv of 1882), section 549--appeal rejected for want of security--extension of time for giving security. - orderrichard garth, c.j. and mitter, j.1. we find that it has been decided by the allahabad high court, in the case of haidri bai v. the east indian railway co. i.l.r. 1 all. 687 that where the high courts orders an appellant to give security for costs, the court may extend the time within which it orders the security to be furnished if an application is made within that time; but if the security is not given within the time ordered by the court, and no application is made within that time to extend the time for giving security, the court is bound by section 549 of the civil procedure code to reject the appeal.2. we agree that this is the proper construction of the section, and we accordingly dismiss the appeal with costs.

Full Judgment

ORDER

Richard Garth, C.J. and Mitter, J.

1. We find that it has been decided by the Allahabad High Court, in the case of Haidri Bai v. The East Indian Railway Co. I.L.R. 1 All. 687 that where the High Courts orders an appellant to give security for costs, the Court may extend the time within which it orders the security to be furnished if an application is made within that time; but if the security is not given within the time ordered by the Court, and no application is made within that time to extend the time for giving security, the Court is bound by Section 549 of the Civil Procedure Code to reject the appeal.

2. We agree that this is the proper construction of the section, and we accordingly dismiss the appeal with costs.

Same Parties Budri Narain vs Sheo Koer Same Subject Civil Same Judge Richard Garth, C.J. and ;Mitter, J.

Civil