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Civil Revision No. 112 of 1953.

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--‑Court ordering two sureties in sum of Rs. 1,000 each but accepting two bonds of Rs. 1,000 each from same person‑Effect‑Karachi Small Causes Court Act (II of 1929), S. 24.

The Court ordered two sureties in the sum of Rs. 1,000 each under section 24 Karachi Small Causes Court Act, but accepted two bonds of Rs. 1,000 each from the same person.

Held, the order was clearly inconsistent with the Court's own order requiring two sureties. It was also contrary to the requirements of section 24 of Karachi Small Causes Court Act which requires two sureties.

M. A. Zaidi, for Applicant.

H. A. Siddiqi, for Opponent

The applicant filed an ejectment application under section 18 of the Karachi Small Causes Court Act against the opponent and obtained an ejectment order. The opponent then filed an application under section 24 of the Act whereupon the order was made that the ejectment was to be stayed on the opponent's furnishing two sureties each in the sum of Rs. 1,000 within a week and filing a suit in the Chief Court of Sind by or before 25th May 1953. The opponent then produced one Jalal Ansari as a surety and he was accepted by the Nazir for the sum of Rs. 1,000. The opponent then made an application that the said Jalal Ansari may be accepted as surety for another sum of Rs. 1,000 and the learned judge so accepted him.

The order of the learned judge is clearly inconsistent with his own order dated 11th May 1953 requiring two sureties. It is also contrary to the requirements of section 24 of Karachi Small Causes Court Act which requires two sureties. I therefore set aside the order dated 21st May 1953 accepting Jalal Ansari as surety for another sum of Rs. 1,0'00 with costs to the applicant.

A. H. Order set aside.

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