S MEWA SINGH GILL Vs. UNION OF INDIA

JUDGEMENT

(1.) Order dated 12th of March, 1997, passed by the learned Civil Judge (Junior Division), Ludhiana, has been kapugned in this revision petition.

(2.) Petitioner had filed a suit for declaration praying that the bill raised by the defendant-respondents herein in relation to the telephone connections when he was a member of the Parliament was illegal, against the rules and was liable to be set aside and his telephone ought to be restored. The suit was contested by the defendants. While opposing this claim, the defendants filed an application under Section 34 of the Arbitration Act to refer the dispute to the Arbitrator in accordance with the rules. This application was dismissed vide orders dated 9.3.1995 and the case was fixed for 26.4.1995 for filing of the written statement. As written statement was not filed costs of Rs. 100/- was imposed on 29.2.1996 and the case was adjourned to 22.4.1996. It is alleged that in spite of demand costs were not paid and no written statement was filed. Further costs of Rs. 200/- was imposed and last opportunity was granted to the defendants in the suit vide order dated 13.8.1996. Further, costs of Rs. 100/- was imposed on 3.9.1996. As the costs were not paid, the petitioner filed an application under Section 35-B of Code of Civil Procedure praying that the defence of the respondents be struck off for non-payment of costs. This application was dismissed by the learned trial Court, however, with the following observations :-

(3.) It is this order which has been impugned in the present revision. It appears from the record and the tenor of the order that the petitioner did not raise a specific demand of costs before the Court during the pendency of this suit. If this was so, the petitioner would have got the same recorded in the Zimni order sheet of the Court file. It is an admitted case that none of the orders notices the 'pressed' demands of costs raised by the petitioner.