MANOHAR SINGH versus D.S. SHARMA & ORS.
Dismissal of suit for failure to pay costs is not contemplated under Section 35B of CPC. Non-payment results in forfeiture of the right to further prosecute the suit; the court should proceed on merits with available evidence and argument of the non-defaulting party.
- Parties
- Appellant: Manohar Singh; Respondents: D.S. Sharma & Ors.
- Jurisdiction
- India
- Judgment Date
- 13 November 2009
- Procedural Posture
- Civil Appeal / Supreme Court Appeal From High Court Judgment and Trial Court Order
- Outcome
- Appeals allowed; orders of High Court and trial court set aside; suit restored subject to conditions.
- Legal Topics
- Costs for Causing Delay, Non Payment of Costs, Dismissal of Suit, Adjournments, Cross Examination, Forfeiture of Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Manohar Singh
Appellant
D.S. Sharma & Ors.
Respondents
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment and Trial Court Order
Legal Issues
- 1 Whether courts below were justified in dismissing the suit of the plaintiff for non-payment of cost levied for harassing defendants and witness by seeking repeated adjournments
Ratio Decidendi
Dismissal of suit for failure to pay costs is not contemplated under Section 35B of CPC. Non-payment results in forfeiture of the right to further prosecute the suit; the court should proceed on merits with available evidence and argument of the non-defaulting party.
Court Disposition
Appeals allowed; orders of High Court and trial court set aside; suit restored subject to conditions.
Orders
- Suit restored to file.
- Plaintiff's right to cross-examine DW2 forfeited.
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