LAWS(PVC)-1944-3-20

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.) Order XLV, Rule 4, simply empowers this Court to make an order for consolidation for pecuniary valuation, but it does not say. anything about taking security for costs in such a case. Rule 7 of the Privy Council Rules of 1920 is as foflows :- Where there are two or more appeals arising out of the same matter, and the Court is of opinion that it would be for the convenience of the Lordships of the Judicial Committee and all parties concerned that the appeals should be consolidated, the Court may direct the appeals to be consolidated.