VASAVAN Vs. UNNIKRISHNAN

JUDGEMENT

(1.) Defendant (appellant) challenges the order of the II Additional Sub Judge, Trivandrum directing him to furnish security for Rs. 80,000/- so as to ensure his prompt appearance before the Court, failing which he would be committed to civil prison.

(2.) Plaintiff (respondent) filed petition under O.38 R.1 C. P. C. for issuance of warrant to arrest the defendant and bring him before the Court to show cause why he should not furnish security for his appearance. Plaintiff contended that the defendant does not have permanent place of residence or immovable property within she jurisdiction of the Court and if he leaves the local limits of the jurisdiction of the Court he (plaintiff) would be pat to irreparable loss and injury. Defendant denied the allegation that he would not be available in the Court.

(3.) O.38 Rule I C. P. C. enables the Court to call upon the defendant to furnish security for his appearance. This can be done at any stage of the suit when the Court is satisfied by affidavit or otherwise that there exists sufficient grounds. Plaintiff has filed the petition under O.38 R.1 on the ground that the defendant is about to abscond or leave the local limits of the jurisdiction of the court. Plaintiff is entitled to file such petition if he apprehends that the defendant is about to abscond or leave the local limits of the jurisdiction of the Court. O.38 R.1 can be invoked by the plaintiff in any suit not referred to in S.16 Clauses (a) to (d). Clauses (a) to (d) of S.16 relate, to suits for recovery of immovable property with or without rent or profits, suit for partition of immovable property, suit for foreclosure, sale or redemption or charge upon immovable property, suit for determination of any other right to or interest in immovable property. Except suits in the aforesaid categories it would be open to the plaintiff to call upon the defendant to furnish security for his appearance whenever situations demand.