Sp.Ganesan v. G.Nahasundari
Case brief
What is this about?
The Court dismissed an application seeking security for the suit claim, ruling that the unsettled claim amount precludes such direction. Evidence was later posted for two months.
What did the court decide?
Application closed; direction to furnish security denied.
What the court decided
A.No.3232 of 2023 in C.S.No.105 of 2023
N.SATHISH KUMAR.J.,
This application has been filed seeking to direct the defendant to furnish the security to the suit claim of Rs.1,05,00,000/- favour of the plaintiff pending disposal of the suit.
- The suit has been filed for damages. The amount of claim itself is uncertain which has to be proved in the suit. The question of directing the defendant to furnish the security does not arise at all. Accordingly, the application stands closed.
- Post this case before the Additional Master – III on 09.01.2024 for recording evidence. The evidence shall be recorded within two months and after recording evidence, post before this Court.
dhk
19.12.2023
Issues for consideration
2 issues framed by the court
Whether the defendant must furnish security for the uncertain suit claim.
Whether the application seeking security has been allowed or closed.
Parties & counsel
- appellant
PLAINTIFF
- respondent
DEFENDANT
Coram
N.SATHISH KUMAR
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court