Kothamasu Venkata Subbayya vs Udatha Pitchayya on 18 September, 1959
(2) Keeton-Sheriden on "Equity" p. 37, 1969 Edn. Sir Isaac
Pitrnan and Sons Ltd. London,
508
Sri Desai drew our attention to Chowthmull Manganmull v. The
Calcutta Wheat and Seeds Association(1); Sheo Gholam Sahoo
v. Rahut Hossein(2); Mehar Chand v. Shiv Lal & Anr.(3);
Kothamasu Venkata Subbayya v. Udatha Pitchayya(4); Ex parte
Banner In re Keyworth(5) and Bird v. BarstoW(6). A few
other cases also were cited but since nothing fresh is
contributed by them reference is not made to them.
What are the principles vis-a-vis the problem here ? That a
mere security deposit does not become an automatic
satisfaction of the decree when the appeal fails is simple
enough. But when the judgment debtor has paid into court
cash by way of security conditioned by its being made
available to discharge the decree on disposal of the appeal
and for means beyond the control or conduct of the judgment
debtor the money is not forthcoming to liquidate the
liabilities can he be asked to pay over again ?