Supreme Court of India · 1961-03-29
SHEW BUX MOHATA AND ANOTHER vs SM. TULSIMANJARI DASI AND ANOTHER
- Citation / case number
- SC 1958/72
- Court
- Supreme Court of India
- Petitioner
- SHEW BUX MOHATA AND ANOTHER
- Respondent
- SM. TULSIMANJARI DASI AND ANOTHER
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that the Calcutta High Court has the jurisdiction to extend the time for furnishing security for costs under Order 45, Rule 7 of the Code of Civil Procedure, 1908. The Court disapproved the previous decisions of the Calcutta High Court that denied such jurisdiction, affirming that Order XII, Rule 3 of the Supreme Court Rules, 1950, supports this interpretation. Consequently, the Supreme Court allowed the appeal and reinstated the certificate for appeal granted by the High Court.