Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXVII, R.2---Security---Furnishing of---Petitioner had contended that Court had directed respondent to furnish security, but Court instead of security had accepted surety in violation of spirit of its own order--­Respondent not only had furnished security, but also had got executed bond by surety---Furnishing of safety was also fully. covered by term "security". Legu Venkataramanayya Setty and another v. Gunda Subbayya Chetty and others AIR 1962 Andh. Pra. 175 and Foulks v. Suppan Chettiar AIR 1945 Mad. 13 ref. (b) Words and phrases--- ----"Security"---Connotation---Meaning and import discussed. Legu Venkataramanayya Setty and another v. Gunda Subbayya Chetty and others AIR 1962 And. Pra. 175 and Foulks v. Suppan Chettiar AIR 1945 Mad. 13 ref. ORDER This revision application has been directed against the order, dated 16-10-1998 and 22-10-1998, passed by the learned lst Additional District Judge, Kharipur in a Summary Suit No.3 of 1997. The learned counsel for the applicant has mainly contended that the trial Court in its order, dated 16-10-1998 has directed the respondent to furnish security before the learned trial Court on or before 26-10-1998, and thereafter vide order, dated 22-10-1998 security has been accepted in the sum of Rs.2,00,000, but actually instead of security surety has been accepted which is in violation of the spirit of the order impugned in this revision application. On the other hand, Mr. Kalandar Bux Phulpoto the learned counsel for the respondent has contended that not only security has been furnished but a bond has also been executed by surety Ghulam Hussain son of Muhammad Ismail in compliance of the order, dated 16-10-1998 and, therefore, the present revision application is totally misconceived. He has further contended that even if the contention of the learned counsel for the applicant, that surety has been furnished instead of security, is taken as correct, then again the furnishing of surety is fully covered by the term security as ordered by the trial Court. In support of his contention he has referred to the case of Lagu Venkataramanayya Setty and another v. Gunda Subbayya Chetty and…

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