High CourtsDivision Bench(1914) 11 CAL CK 0012

Raghunath Singh Mohopatra and Others vs Srimati Preya Sakhi Debi

Calcutta High Court · Decided on 18 November 1914 · Citation: AIR 1915 Cal 595 : 28 Ind. Cas. 598

HON’BLE JUDGES
Woodroffe, J · Sharfuddin, J

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Judgment

2 paragraphs · 120 words
1.

In this case the only ground which is alleged for the application is that the appellant has no money of her own. That is, as it has often been hold, in itself no sufficient ground for demanding security for costs. It cannot be said that the shit is merely vexatious in its nature, as one Court has held that the appellant is entitled to relief and the fact that her husband and her father-in-law may, as is alleged, have money to pay, is not to the point, as they are not called upon to pay costs which may be due by the appellant.

2.

The Rule must, therefore, be discharged with costs, which we fix at one gold mohur.