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HATIMBHAI versus KARIMBHAI


ACXC VII, R4 and Section 12 (2) CPC Summary Procedure Civil procedure code order XXXVII, R4 and section 12 (2) of CPC summary procedure failed to present Appellant's security and his An injunction was passed against but it did not take any step to extend the time to offer security or to put aside the decree under OXXXVII, R 4, under the CPC The provisions of 12 (2) will not be available to the appellant, which was defended for failure to comply with the court order and who failed to apply. O XXXVII, pursuant to a decree under R 4, the CPC appellant cannot be allowed to delay or defeat the decree passed against him by applying section 12 (2) CPC. In order to render the provisions of O XXXVII, CPC compulsory and useless.

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