STATE OF MEGHALAYA Vs. PREMNATH PRASAD

JUDGEMENT

(1.) HEARD both sides. Leave granted.

(2.) THE High Court while deciding the appeal from an order dated 19/12/1995 passed by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong, has directed that cost should be paid by the learned Additional Deputy Commissioner, East Khasi Hills Distric Shillong. THE original order of 19/12/1995 was passed by the Additional Deputy Commissioner, East Khasi Hills, District, Shillong, in his judicial capacity while deciding an application for grant of probate. Even if the High Court has allowed the appeal, we fail to see how the High Court can direct a Judicial Officer who has passed the order in his judicial capacity to pay the costs.