Mamo Devi And Ors vs Ajmer Singh on 13 September, 2023
10. In fairness to the learned counsel for the petitioner I must
notice that the core of his stand was that once a default in the
payment of costs on the adjourned date takes place within
the meaning of Section 35B then irrespective of the issue
being raised or not on that date the proceedings subsequent
thereto would become wholly non-est. The learned counsel
had to go to the logical length of arguing that even when a
suit had been dragged on for years it would still be open for
the party to raise and equally obligatory for the Court to stop
the further prosecution of the suit or the defence even upto
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Neutral Citation No:=2023:PHHC:120834
CR-1560-2023 -13-
the stage of the pronouncement of the judgment if it could be
established that the costs were not paid on the date fixed. Mr.
L.K. Sood, learned counsel for the intervener, was equally
pushed to the extreme stand of contending that even on
appeal or in a second appeal as well (where no such
objection was raised at the trial stage at all), it would be
obligatory to apply Section 35B in its full rigour, the moment
it was raised and established that there had been a failure or
omission to pay the costs on the ordered date. Reliance was
placed on Manohar Lal v. Mahesh Chand etc., 1983 P.L.R.
(Short Note) 1, and Civil Revision No. 106 of 1982 (Sat Pal
v. Banarsi Dass and others) decided on 25th May, 1982.