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1950 Supreme(Cal) 43

BACHAWAT, HARRIES
PURNENDU NATH TAGORE – Appellant
Versus
SREE RADHA KANTA JEW – Respondent


Advocates Appeared:
KSHETRA MOHAN CHATTERJI, NIRMAL CHANDRA CHAKRAVARTY

HARRIES, C. J.

( 1 ) THIS is a somewhat unusual application. The petitioners were given leave to appeal to the Federal Court and the last day for depositing the security required by Order 45, Rule 7, Civil P. C was 28th February 1950. On 27th February 1950, the proposed appellants tendered security in immovable property which they value at over Rs. 20,060. This security was tendered in this Court within time and the question arises whether this Court can accept that security in lieu of cash or Government securities. Order 45, Rule 7, of the Code provides ; "where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date,- (a) furnish security is cash or in Government securities for the costs of the respondent, and (b) deposit the amount required to defray the expense of translating, transcribing, indexing and transmitting to His Majesty in Council a correct copy of the whole record of the suit. . . . Provided that the Court at the time of granting














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