LAWS(BOM)-1944-3-7

VENKATRAO SHRINIWASRAO Vs. BASAVPRABHU SIRDESAI

Decided On March 02, 1944
VENKATRAO SHRINIWASRAO Appellant
V/S
BASAVPRABHU SIRDESAI Respondents

JUDGEMENT

(1.) THIS application for leave to appeal to the Privy Council has been placed before us at the instance of Mr. Jahagirdar, the learned advocate for the applicant. He says that the Registrar's office has wrongly asked for separate security for costs for the two different appeals which have been ordered to be consolidated by this Court.

(2.) THERE are two different appellants in the two appeals against the same respondent on a common point. Mr. Jahagirdar contends that, as this Court has passed the order for consolidation, the order for the deposit of security for costs, i. e. Rs. 4,000, must be for one appeal and not for both.

(3.) IN the present case the appellants are different although the point is common, and we do not think that an order of security for costs in one appeal only could be made. We are of opinion, therefore, that the Taxing Officer is right in demanding two separate securities for the two different appeals which have been consolidated.