MADHOBAN DASS Vs. MANNOO MAL

JUDGEMENT

(1.) This is a Special Appeal against the order of a learned Single Judge of this Court rejecting the petition filed by the present appellant before him under Article 227 of the Constitution.

(2.) A suit was filed against the present appellant for recovery of arrears of rent. An adjournment was sought by the defendant-appellant and he was grant-ed adjournment on payment of rupees fifteen as adjournment cost and on condition that he deposits the entire arrears in cash within a certain time. The appellant then applied for the modification of that order and the learned Judge directed that the adjournment will be granted on his furnishing security to the extent of the amount of arrears.

(3.) A petition was filed under Article 227 of the Constitution in this Court on the ground that the order of the Judge directing the defendant to furnish security for the amount of arrears was illegal. He has relied on Order 9, Rule 13 and Order 17, Civil P. C., and his contention was that there are express words in Order 9, Rule 13 giving power to the court to demand security in case an application was made for setting aside an ex parte order. But there is no such express provision in Order 17, and therefore the Court below had no jurisdiction to order the defendant, as a condition for granting adjournment, to furnish security.