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Smt. Ram Piyari Vs. Lala Ram NaraIn and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 643 of 1970
Judge
Reported inAIR1973All227
ActsCode of Civil Procedure (CPC) - Order 17, Rule 1(2)
AppellantSmt. Ram Piyari
RespondentLala Ram NaraIn and ors.
Appellant AdvocateR.N. Bhalla, Adv.
Respondent AdvocateS.N. Varma, ;A.N. Varma and ;Bashir Ahmad, Advs.
DispositionRevision allowed
Excerpt:
civil - costs - order 17, rule 1 (2) of code of civil procedure, 1908 - permission to grant conditional order of adjournment by putting costs - held, costs of adjournment must be reasonable. - .....against the order refusing the application for bringing on record certain documents. the learned civil judge while granting the application passed the following order:--'heard. adjourned to 14-4-70 for f.h. on payment of rupees three hundred as today's adjournment costs to be paid by 12 a.m. on that date, failing which the suit shall automatically stand dismissed for default and non-prosecution. no more adjournment. any stay order (certified copy) be filed before that date.'3. it is permissible to grant a conditional order of adjournment. the condition may be about payment of costs. costs normally are such as the other side has incurred, which may be about the diet money, etc., to be paid to the witnesses or such amounts and the counsel's fee. beyond that if an amount is awarded it.....
Judgment:
ORDER

Hari Swarup, J.

1. This revision is directed against the order of 2nd March, 1970. Along with the revision two orders were filed. One is in respect of refusal to permit certain documents to be brought on the record. The second is an order granting adjournment on certain conditions. Learned counsel for the petitioner has stated that he confines the revision to the second order.

2. The plaintiff had filed an application supported by an affidavit for adjournment of the case so that he may file a revision against the order refusing the application for bringing on record certain documents. The learned Civil Judge while granting the application passed the following order:--

'Heard. Adjourned to 14-4-70 for F.H. on payment of Rupees Three Hundred as today's adjournment costs to be paid by 12 A.M. on that date, failing which the suit shall automatically stand dismissed for default and non-prosecution. No more adjournment. Any stay order (certified copy) be filed before that date.'

3. It is permissible to grant a conditional order of adjournment. The condition may be about payment of costs. Costs normally are such as the other side has incurred, which may be about the diet money, etc., to be paid to the witnesses or such amounts and the counsel's fee. Beyond that if an amount is awarded it will not be costs. Learned Civil Judge has given no reason for directing the payment of Rs. 300/- as costs of the adjournment. In the circumstances, the award of such a heavy amount is nothing but an imposition in the nature of penalty. This inference finds support from the further order passed by the learned Civil Judge to the effect that on nonpayment of the amount the suit shall automatically stand dismissed for default and non-prosecution. It was open to the court to refuse the adjournment and to proceed with the case or to grant the adjournment on payment of reasonable costs. It was not open and, in any case, it was not proper in the circumstances of the case, to pass an order for an automatic dismissal of the suit.

4. As the condition imposed by the learned Civil Judge is in the nature of penalty not permissible by law, the order has to go.

5. In the result, the revision is allowed. The order dated 22-3-1970 passed on the application for adjournment is set aside. The case shall now proceed, and shall be decided in accordance with law. The parties will bear their own costs.


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