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march 1961

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.

SHEW BUX MOHATA AND ANOTHER vs SM. TULSIMANJARI DASI AND ANOTHER · Niyam