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1951 Supreme(Cal) 63

P.B.MUKHARJI
MAHADEB JIEW – Appellant
Versus
B. B. SEN – Respondent


Advocates Appeared:
R.Goho, SUBIMAL C.ROY

P. B. MUKHARJI, J.

( 1 ) THIS is an application for security for costs against pltf. Ratanbala Dasi in the suit.

( 2 ) THERE are two pltfs. in this suit. One is Sri Sri Mahadeb Jiew, a deity who is suing through Ratanbala as his trustee or as shebait. The other pltf. is Ratanbala Dasi herself.

( 3 ) MR. R. Goho, who argued in support of this application, has put forward two main grounds: (1) Pltf. Ratanbala is a woman and therefore under Order 25 Rule 1 (3) I have the jurisdiction to order security for costs against the woman pltf. , if I am otherwise satisfied. (2) Pltf. Ratanbala is merely a puppet in this suit and she is not the real litigant and therefore I should direct security for costs as against her. This power, Mr. Goho argues, is within the inherent powers and jurisdiction of this Court.

( 4 ) I will first deal with the ground put forward by Mr. Goho on the basis of Order 25 Rule 1, Civil P. C. In my opinion, before an order can be made under this provision of the Code, the applicant has to satisfy four tests. The first is that it must be a suit for money. I have carefully analysed the plaint in this suit and I find that there is no prayer or claim in this suit for a


































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