MANOHAR SINGH Vs. D.S. SHARMA

JUDGEMENT

(1.) THIS Revision Petition challenges the order dated 27.7.2005.

(2.) BY the impugned order, suit filed by the plaintiff who is petitioner herein was dismissed.

(3.) HENCE , this present revision petition. 5. Petitioner contended that the provisions of Section 35-B are directory and that in the event of non-payment of costs on the next date of hearing, the Court was not empowered to debar a party from prosecuting the suit or the defence as the case may be. Petitioner contended that since cross- examination of DW-2 was allowed subject to payment of costs, learned Trial Court ought to have declined only the liberty to cross-examine DW-2 and should not have dismissed the suit of the plaintiff.