Supreme Court · 2009 INSC 1234 · Decided 13 November 2009

Manohar Singh v. D.S. Sharma & ORS.

Court
Supreme Court of India
Citation
2009 INSC 1234 · [2009] 15 S.C.R. 906
Case number
CIVIL APPEAL No. 7554/2009
Decided
13 November 2009
Bench
R.V. RAVEENDRAN, G.S. SINGHVI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 35, 358, 148

Headnote

Code of Civil Procedure, 1908 - s. 35 B - Costs for causing delay- Non payment - Effect of- Held: Non-payment .. of costs by party on whom it is levied results in forfeiture of the \. c right of the defaulting party to further prosecute the suit or defence - However, other party can place his court will decide the matter- Suit cannot be dismissed for non-payment of costs - On facts, courts below erred in dismissing the suit of plaintiff for failure to pay D cost levied on it for harassing defendants and its witness by seeking repeated adjournments - Thus, order of courts below set

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