SOONABAI Vs. TRIBHOVANDAS NMALVI

JUDGEMENT

(1.) In favour of the competence of these appeals there is the direct authority of the Madras High Court in Seshagiri Row V/s. Nawab Askur Jung Aftab Dowla (1902) I.L.R. 26 Mad. 502, and though much has been forcibly urged against this view, we ought, 1 think, for the sake of uniformity to accept thin case as the basis of our decision and hold that an appeal lies.

(2.) Then had the learned Judge power under Section 380 of the Civil Procedure Code to order the plaintiff to give security. Though the suits are not exclusively for money, each will, if the plaintiff succeeds, result in a decree for money on the relief sought, and, I. therefore,think comes within the section, and there is no ground for holding that in making the orders under appeal the learned Judge exceeded the just Lmute of his discretion.

(3.) This appeal must, therefore in each case be dismissed with costs. Batchelor, J.