Raghubir Singh vs Dharam Singh, Lala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(All) 182

Raghubir Singh – Appellant
Versus
Dharam Singh, Lala – Respondent

JUDGMENT

King, J. - This is an application in revision against an order passed by a Judge of Small Cause Court rejecting a security bond as insufficient and accordingly dismissing an application for restoration of a suit which had been decreed ex-parte. The security bond had originally been accepted as sufficient, but on objection being taken by the opposite-party the Court reconsidered the matter and came to the conclusion that the property of the surety was insufficient.

2. The first point taken by the Counsel for the applicant is that once the security bond has been accepted the Court should not have reopened the matter and have reconsidered the question of sufficiency. No authority has been shown to me for the proposition that once a security bond has been accepted as sufficient it cannot, on objection being made by the opposite-party, be reconsidered.

3. It is further argued that even if the Court was at liberty to reconsider the sufficiency of the security bond and to find it insufficient still the Court should have given the applicant further time to deposit fresh security and should not have dismissed the application for restoration straight away. In support of this propositio

Click Here to Read the rest of this document