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Judgment
The order of the lower Court cannot be upheld. The learned Subordinate Judge had no power to order, pending trial of an application under
Order 9, Rule 13 of the CPC that the applicant should deposit the costs of the suit or furnish security for the decree amount. If he had dealt with
the application on its merits and had decided to grant it merely prescribing conditions under Order 9, Rule 13, no appeal would have been
entertained. No such order was passed and the learned Subordinate Judge has dismissed the application merely because the security was not
furnished. That he could not do. The order dismissing the application is accordingly set aside. The application must be restored to file and disposed
of according to law. Costs to abide and follow the result.