UNION OF INDIA Vs. RAM NIWAS

JUDGEMENT

(1.) This revision is directed against the order dated Jan. 15, 1982, passed by the District Judge, Chure, whereby he allowed the plaintiff's application under Section 35-B (1). C.P.C., and it was further ordered that the defendant shall not be allowed to the further prosecution of its defence.

(2.) The facts, giving rise to the present revision, may briefly be noticed.

(3.) The plaintiff-non-petitioner Ram Niwas instituted a suit against the Union of India through General Manager, Northern Railway, for the recovery of a sum of Rs. 15,588.80. An ex parte order was drawn against the defendant, but the same was set aside on payment of costs of Rs. 50/- and the costs were paid. Thereafter the case was posted for filing of the written statement, but the written statement was not filed and the case was adjourned to 16-7-1981, 208-1981, 10-9-1981 and 24/9/1981 on costs of Rs. 50/-, Rs. 30/-. Rs. 50/- and Rs. 70/- respectively. On 20-10-1981. the defendant filed the written statement, but the costs imposed on various dates earlier were not paid. The adjournments were granted by the Court despite objections by the plaintiff relating to nonpayment of costs, as well as for granting further adjournments. Even on 20-10-1981, when costs were not paid, it was objected to by the plaintiff and the case was posted for arguments on that matter to 12-11-1981. On 12-11-1981 the plaintiff moved an application under Section 35-B (1), C.P.C., and a copy thereof was delivered to the learned counsel for the defendant. That application was heard and was allowed and the defendant was debarred from further prosecution of its defence. It is in these circumstances, the present revision petition has been filed by the defendant against the aforesaid order.