B MADHO PRASAD Vs. SETH TARA CHAND

JUDGEMENT

(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

(2.) The question, therefore, whether there were sufficient reasons for allowing the applicants to furnish security in immovable property instead of in cash and the question whether there were any directions contained in the order of their Lordships of the Supreme Court about the form of security are not before this Bench. We are only required to deal with the point, that where the Supreme Court has not specified the form of security can this Court acting under its powers tinder Order 45, Rule 7 (1) (a), proviso 1, Civil Procedure Code, allow a party to furnish security other than in cash ? The old practice prevailing when appeals lay to the Privy Council is not of much assistance as the Judicial Committee Rules relating to furnishing of security in cases where special leave was granted were different and security had to be furnished in such cases in England and not to the Registrar of the Court against whose decree or final order special leave to appeal had been granted. The relevant rules of the Supreme Court are 6 and 8 of Order 13. Rule 6 provides that where the Court grants special leave to appeal, it may in its order specify: (1) the amount of the security for costs (if any) to be lodged by the petitioner, and (2) the time within which such security is to be lodged. It further provides that unless the Court specially directs otherwise, any security for costs to be furnished by the petitioner shall be lodged in the Court from, whose judgment or decision special leave to appeal has been granted. Rule 8 is in following terms:

(3.) Our answer to the question, therefore, is that the proviso to Order 45, Rule 7 (i) (a), Civil P. C. would apply to a case where special leave has been granted by the Supreme Court unless in the order granting leave their Lordships have specified the form of the security to be furnished by the applicant.