Photocopy Of Sale Deed Can't Be Accepted As Surety For Purposes of S. 17 Of 'Small Cause Courts Act' R/w S. 145 CPC: Allahabad HC
Live LawThe Allahabad High Court has observed that the photocopy of the sale deed cannot be accepted as surety for the purposes of Section 17 of the Provincial Small Causes Court Act, 1887 read with Section 145 of the Code of Civil Procedure 1908. The bench of Justice Neeraj Tiwari noted that for the purposes of both the provisions, a surety should have been of the nature, which may be sold out as and when required and since, on the basis of the photocopy of the sale deed, no sale of the property can be made, therefore, such surety cannot be accepted. Now, in the instant case, the Court rejected the application filed by the petitioners on the ground that a photocopy of the sale deed has been placed, which is not legible and registered. Against the said order, a Revision plea was filed, the same was also rejected in February 2023 with a specific finding that a photocopy of the unregistered sale deed cannot be accepted as surety.
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