SUDHIR CHANDRA Vs. CHHOTA DEVI

JUDGEMENT

(1.) Heard learned counsel.

(2.) This revision petition is directed against the order dated 12-1-2005 of learned Civil Judge (S.D.) and Chief Judicial Magistrate, Bikaner, whereby the Court rejected the application u/S. 35-B read with Section 151, CPC of the defendant Sudhir Chandra, which was filed for rejection of the main Suit No. 109/83 because, the plaintiff had not paid the cost of Rs. 5,000/- which was imposed by the Court while allowing its application under Order 13, Rule 2, CPC for taking a particular document on record subject to payment of that cost. Since, the cost was not paid by the plaintiff on or before the next date of hearing, the present application was filed by the defendant praying therein the suit itself deserves to be dismissed.

(3.) Shri Sajjan Singh, learned counsel appearing for the petitioner has relied upon the language of Section 35-B, which provides for costs for causing delay and which says that if the cost imposed is not paid on the date next following the date of such order, it shall be condition precedent to the further prosecution of the suit by the plaintiff, where the plaintiff was ordered to pay such costs. Sub-section (2) of Section 35-B further provides that the costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.