SHUM SHU BIBI Vs. MUHAMMAD RASHID ALI KHAN

JUDGEMENT

(1.) WE think that an order directing a certain amount to be paid into Court on an application for security for costs is an order under Order 41, Rule 10, Sch. 1, Civil P.C., the non- compliance with which will entail the dismissal of the appeal. In this case the amount was not paid into Court within the time ordered, and Phillips, J., dismissed the second appeal. WE see no grounds for interference. This Letters Patent appeal is dismissed with costs of respondents 1 to 4.