B.C.RAY, N.C.MUKHERJI
New Bangasree Bastralaya – Appellant
Versus
Ramanlal Phurma Karta – Respondent
N. C. MUKHERJI, J.: - This is an application for extension of time to furnish security of Rs. 5,500 in the trial Court in modification of the order passed by this Court on 13th of August 1975. The facts of the case may briefly be stated as follows: -
The opposite party filed a suit in the City Civil Court at Calcutta for recovery of a sum of Rs. 11,800.00 under Order XXXVII of the Code of Civil Procedure. The petitioners after entering appearance filed an application praying for unconditional leave to defend the suit. The petitioners were allowed to contest the suit only on furnishing security to the extent of Rs. 8,000. It was further ordered that in default of furnishing security the application would stand rejected. Being aggrieved by the aforesaid order, the petitioners moved an application under Section 115 of the Code. On the said application a Rule was issued being Civil Rule No. 2159 of 1974. When the Rule was issued the petitioners were directed to furnish security to the extent of Rs. 2,500. That order was complied with. The Rule came up for final disposal on August 13, 1975. On that date the petitioners agreed to furnish security for the balance sum of Rs. 5,500
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