LAWS(CAL)-2015-3-23

UNION OF INDIA Vs. AMITAVA PAUL

Decided On March 04, 2015
UNION OF INDIA Appellant
V/S
Amitava Paul Respondents

JUDGEMENT

(1.) The following questions of law have been referred for consideration by a Larger Bench :

(2.) Controversy giving rise to the Reference :

(3.) In the aforesaid appeals contrary view was taken by another co-ordinate Bench. The Bench held that Order XLI Rule 1(3) of the Civil Procedure Code is mandatory and non-compliance thereof would entail dismissal of the appeal, more particularly, when the appellant fails to comply with the direction of the Court to make deposit or furnish security in respect of the decretal amount. Accordingly, the aforesaid questions of law were referred to a larger Bench for consideration.