JUDGMENT - DAGA V.C., J.:---Heard learned Counsel for the appellant. Perused record. Having examined the judgment and decree and the findings recorded therein, in the backdrop of challenges set up in the appeal, I am of the view that the appellant has made out a prima facie case for admission of the appeal.

Admit.

2. While hearing this appeal for admission, it was noticed that the appellant did not pray for interim relief. The impugned money decree directs the appellant/original defendant to pay sum of Rs. 38,263.18 to the respondent/original plaintiff together with future interest thereon at the rate of 6% per annum. The appellant therefore, was called upon to show cause; why the powers under Order 41, Rule 1(3) of the Code of Civil Procedure, 1908 ("C.P.C." for short) should to be exercised directing it to deposit decretal amount pending adjudication of the appeal.

3. The learned Counsel for the appellant, in reply contends that deposit of money or furnishing security can not be put as a condition precedent for tenability of the appeal. In his submission no such order can be passed in exercise of powers under Order 41, Rule 1(3) of Civil Procedure Code. He submits that considering t

Click Here to Read the rest of this document