Q. What are the equivalent citations for Sesha Aiyar vs Nagarathna Lala, Minor By His Next, Bhavani Bai Ammal ?

The equivalence citation are(1904) ILR 27 MAD 121 ; LQ/MadHC/1903/43 ;

Sesha Aiyar Vs. Nagarathna Lala, Minor By His Next, Bhavani Bai Ammal On 15 July, 1903

Q: Q. What was the bench assigned for the case Sesha Aiyar vs Nagarathna Lala, Minor By His Next, Bhavani Bai Ammal?

HONBLE MR. JUSTICE BHASHYAM AIYANGAR

Open iDraf

Sesha Aiyar v. Nagarathna Lala, Minor By His Next, Bhavani Bai Ammal

Sesha Aiyar
v.
Nagarathna Lala, Minor By His Next, Bhavani Bai Ammal

(High Court Of Judicature At Madras)

Civil Miscellaneous Petition No. 370 Of 1903 | 15-07-1903

[1] In my opinion the respondent in a Letters Patent Appeal preferred against the decision of a single judge of this Court in a mofussil case cannot apply for security being demanded from the appellant for costs. Section 540 of the Civil Procedure Code applies only to appeals preferred to the High Court from Subordinate Courts subject to its appellate jurisdiction Sabapathi Chetti v. Narayanasami Chetti I.L.R. 25 M. 555 at 558 and not to appeals preferred to the High Court under Section 15 of the Letters Patent from the judgment of one of its fudges. Assuming that it would be competent to the High Court to pass such a rule, no rule has been made under Section 652 of the Code of Civil Procedure authorizing the making of such an application. It is also conceded that no such rule was in force in the old Sudder Court, and that being so, Section 9 of the Charter Act cannot be relied upon in support of this application. I am unable to accede to the argument that Section 467 of the Civil Procedure Code applies to Letters Patent Appeals and that, therefore, the provisions of Section 549 are extended to Letters Patent Appeals. The petition is therefore rejected but without costs Nor can stay of execution be had pending a Letters Patent Appeal. See order on C.M.P. 882 of 1903 in L.P.A. 39 of 1933--Ed

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HON'BLE MR. JUSTICE BHASHYAM AIYANGAR

Eq Citation

(1904) ILR 27 MAD 121

LQ/MadHC/1903/43

HeadNote

. CIVIL PROCEDURE CODE, 1908 (5 of 1908) — Ss. 540 and 467 — Security for costs — Letters Patent Appeal — Application for — Held, cannot be made under S. 540 — Further held, no rule has been made under S. 652 authorizing such an application — Nor can stay of execution be had pending a Letters Patent Appeal — Practice and Procedure — Application for security for costs