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1952 Supreme(All) 183

MALIK, SAPRU, B. M. LAL
B. MADHO PRASAD – Appellant
Versus
SETH TARA CHAND – Respondent


Advocates Appeared:
J.Swarup

MALIK, CJ.

( 1 ) ON 21st December 1951, their Lordships of the Supreme Court granted special leave to appeal to the applicants, leave to appeal having been refused by this Court. In the order granting special leave it was provided that the applicants should

"within one month from the date of the signing this order furnish to the Registrar of the allahabad High Court security in the sum of Rs. 4,000. (Rupees four thousand) for the costs of the respondents "

This order was signed on 9th January 1952. On 2lst January 1952, an application was filed in this Court that this Court be pleased to allow the petitioner-appellants to furnish security in immovable properties for costs of the respondents and on 8th February 1952, a security bond duly executed and registered was filed in this Court. The opposite party filed a counter-affidavit that no sufficient cause had been made out for furnishing security other than in cash and it was further alleged that this Court had no jurisdiction to allow the applicants to furnish security in immovable property instead of in cash. The application came up before a Bench of this Court on 8th February 1952 and in view of the fact that the question was likely











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