Title: Raj Kumar @ Rajenda Srivas And 3 Others vs. Mohd. Kaukab Azim Rizvi And Another
Decided on: 31st May, 2023
[MATTERS UNDER ARTICLE 227 No. – 5480 of 2023]
CORAM: HON’BLE NEERAJ TIWARI J.
Introduction.
The photocopy of the sale deed cannot be considered as security for the purposes of Section 17 of the Small Causes Court Act, read along with Section 145 of the CPC, according to the Allahabad High Court.
Analysis.
The court observes that a surety should have been able to be sold out as needed for the purposes of both requirements; but, since no sale of the property can be conducted using the photocopy of the sale deed, such a surety cannot be accepted.
After examining both clauses (Section 17 of the 1887 Act and Section 145 of the CPC as amended by UP’s Act No. 24 of 1954), the Court came to the conclusion that the surety provided should allow the sane to be sold out at any time, either on the court’s orders or depending on the situation.
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Written by- Varada Hawaldar
