G NARAYANA IYER Vs. SVENKATARAMA AIYAR

JUDGEMENT

(1.) I am of opinion in this case that the lower Court ought to have awarded costs to the plaintiff. The defendant received notice of the suit on the 2nd; the suit was filed on the 5th August 1909. It is not clear that the plaintiff filed his suit too early. But, apart from this fact, the defendant made payment of the amount more than four weeks after the suit was instituted; and then it was only on being arrested that he made the payment.

(2.) It is contended for the respondents that costs were at the discretion of the lower Court and that I ought not to interfere in revision. But in this case the lower Court has given a specific reason for disallowing costs, and that reason is unsatisfactory. Ordinarily, costs should follow the event and, when the lower Court does not act on this rule, it ought to give a sufficient reason. The reason given in this case is quite insufficient.

(3.) I, therefore, modify the decree of the lower Court by awarding to the plaintiff his costs in the lower Court. The petitioner will also have his costs in this Court.