NIDHI EXPORT THRU. ITS PARTNER NEHA OHRI, MOROADABAD(M/S) Vs. SPECIAL JUDGE, MORADABAD AND ANOTHER
LAWS(ALL)-2011-7-415
HIGH COURT OF ALLAHABAD
Decided on July 21,2011

Nidhi Export Thru. Its Partner Neha Ohri, Moroadabad(M/S) Appellant
VERSUS
Special Judge, Moradabad And Another Respondents

JUDGEMENT

Shashi Kant Gupta, J. - (1.) The SCC Suit No.24 of 2002 was filed by the Respondent No.2 against the petitioner for arrears of rent and ejectement. The trial court allowed the suit ex-parte by order dated 9.4.2007. Thereafter, the petitioner filed an application under Order 9 Rule 13 read with Section 151 CPC along with an application under Section 5 of the Limitation Act. The said recall application was registered as Misc. No.2 of 2009 and further an application No.13 C for granting two months' time for compliance of Section 17 of Provincial Small Cause Courts Act, 1887 (in short PSCC Act) was filed. Another application No.19 'C' along with affidavit and security bond was also filed by the petitioner which was allowed on 16.2.2009. By the impugned order dated 11.4.2011, the court held that registration of immovable property for pledging as security under Section 17 of the PSCC Act is necessary. Hence that security furnished by petitioner requires registration and the petitioner was granted time to get the security registered till 30.4.2011. Hence, the present writ petition.
(2.) Heard the learned counsel for the parties and perused the record.
(3.) The only question for consideration before this Court is as to whether the security bond as furnished by the petitioner through which the immoveable property to the extent of Rs. 7,70,000/- was pledged requires registration or not.;


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