RAMCHANDRAJI Vs. BHARATSINGH

JUDGEMENT

(1.) This Appeal hovers around only one substantial question of law, and that is, whether the appellant is entitled to get the costs of the litigation

(2.) The IVth Additional District Judge, Dhar, while allowing Civil Appeal No. 60 A/93, ordered that the appellant and respondent should bear respective costs. The appellant, feeling aggrieved by this, filed the present appeal.

(3.) Mis Kasrekar, learned counsel appearing for the appellant, vehemently argued that, in view of the provisions of S. 35 of C.P.C., it was the duty of the court to award cost to the successful appellant, when the IVth Additional District Judge, Dhar allowed the appeal and granted a decree in favour of the appellant.