CALICO PRINTERS ASSOCIATION Vs. JEEVANRAM GANGARAM AND CO

JUDGEMENT

(1.) This is an application put forward on behalf of the defendants in an action brought against them for alleged infringement of trade designs, against the plaintiffs asking for security for costs in the sum of Rs. 5,000; or any other sum which is fit and proper.

(2.) The application is made Under the provisions of Order XXXV, Rule 1 of the 1 Schedule to the Civil Procedure Code which lays down, inter alia, where at any stage of a suit it is shown that the plaintiff is residing out of British India and that the plaintiff does not possess immovable property within British India other than property in suit, the Court may order security for costs to be given.

(3.) The application is put forward upon affidavits although the first affidavit appears to be made on behalf of the plaintiff firm in answer I suppose directly to the petition. That affidavit is replied to by an affidavit sworn on the defendants behalf in Calcutta.