Supreme Court · 2007 INSC 1171 · Decided 20 November 2007

Raman TECH. & Process ENGG. CO. & ANR. v. Solanki Traders

Court
Supreme Court of India
Citation
2007 INSC 1171 · [2007] 12 S.C.R. 409
Case number
CIVIL APPEAL No. 6171/2001
Decided
20 November 2007
Bench
R.V. RAVEENDRAN, P. SATHASIVAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

B ... -4 Code a/Civil Procedure, 1908: Or. 38 r.5-Direction to defendant to furnish security for suit c claim-HELD: Power under Or.38 r.5 is a drastic and extraordinary power-Such power should not be exercised mechanically-It should be used sparingly and strictly in accordance with Rule-Purpose of ~ . Any attempt by a plaintiff to utilize provisions of Or. 38 r. 5 as a leverage D -<{ for coercing defendant to settle the suit claim should be discouraged- Before power is exercised under Or. 38 r. 5, plaintiff should show, prima facie, that his claim is bonafide and valid and also satisfy

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