S.M. NAGORI Vs. BABURAO

JUDGEMENT

(1.) THE applicant in this revision is the Defendant against whom a suit was brought for possession and for mesne profits in the Court of Munsiff, Indore. It was in connection with certain document that a dispute arose and the matter reached the High Court in second appeal. This Court remanded the case back for redecision and awarded costs incurred so far to the Defendant. The case then began before the City Civil Judge again.

(2.) THE main point urged in this revision by Mr. Newaskar, learned Counsel for the Petitioner, is that the Additional City Civil Judge had no jurisdiction to entertain the application and pass order under Order 21 Rule 29, Code of Civil Procedure. Order 21 Rule 29, Code of Civil Procedure runs as follows:

(3.) THE first objection of Mr. Newaskar is that the Rule applies only if a suit is pending in the Court against the holder of a decree of this Court. But the decree of costs is passed by the High Court and not by the Court before whom the decree is being executed.