Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2

Civil Procedure Code (V of 1908)---O. XXXVII, R.2---Suit for recovery of amount---Order for furnishing security to appellant by High Court for decreed amount viz. Rs.25,80,000 which was done by submitting the title deeds of property owned by him together with valuation certificate indicating the value of property as about 40,00,000---Nazir of High Court also submitted the report before the Court informing that value of the property in question ranged between Rs.30,00,000 to Rs.32,00,000---High Court, on the basis of said report of the Nazir of the Court directed that the property offered could not be accepted as security because its value was less then Rs.40,00,000 and consequently directed the appellant to furnish fresh security in the amount of Rs.40,00,000 within on month---Validity---Held, it was totally incomprehensible that when the title documents in respect of the property were admitted to be valued at more than the amount ordered by the Court, how the Court was persuaded to hold that such surety could not be accepted---Valuation certificate furnished by the appellant might have represented an exaggerated value but the fact remained that the Nazir himself had found the property worth more than the amount directed to be furnished as security---No reason for reviewing the earlier order passed by the High Court has been assigned nor it was shown as to on what basis the figure of Rs.40,00,000 was arrived at---Supreme Court, allowed the appeal, set aside the impugned order and directed that the security furnished before the High Court be accepted---Supreme Court, however, observed that greater care was needed to be undertaken by the High Court to help parties in avoiding litigation before the Supreme Court consuming considerable time and expense and causing delay in delivery of justice. JUDGMENT SABIHUDDIN AHMED, J.---The basic facts involved in this appeal appear to be that the respondent filed a suit for recovery of Rs.25,80,000 under Order XXXVII, C.P.C. contending that nine cheques issued by the appellant in his favour had been dishonoured. The suit was decreed in the respondent's favour and thereupon the appellant filed 1st appeal No.4 of 2007 before…

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