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Madras High Court

Shum Shu Bibi vs Muhammad Rashid Ali Khan And Ors. on 25 October, 1929

Equivalent citations: 126IND. CAS.110A

JUDGMENT

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 XLI, Rule 10, Schedule I, Civil Procedure Code, 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 Nos. 1 to 4.