( 1 ) THIS application under 0. 38, R. 1, Civil P. C. has been filed by the plaintiff for calling upon the defendant to furnish security both for his appearance and for the satisfaction of the decree that may be ultimately passed in the plaintiff s. favour. Order 38, R. 1, Civil P. C. reads as under:

"0. 38, R. 1: Where defendant may be calledupon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in S. 16, els. (a) to (d), the Court is satisfied by affidavit or otherwise (a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to obstruct or delay the execution of any decree that may be passed against him, (i) has absconded or left the local limits of the jurisdiction of the Court,or (ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or (iii) has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof, or (b) that the defendant is about to leave (India) under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execut