JAYANT S/O GANPATRAO BUTY Vs. BHAGWANDAS TIMAPPA PUTHRAN

JUDGEMENT

(1.) This civil revision application filed under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code) takes exception to the order passed by the appellate Court permitting the nonapplicantsoriginal defendants to deposit the amount of costs of Rs.4000/ that were imposed while granting them an opportunity to contest the suit.

(2.) Facts in brief are that the applicant is the original plaintiff who had filed suit for recovery of possession of an open piece of land against the nonapplicants herein. That suit came to be decreed on 19/12/2014. The nonapplicants filed an appeal challenging that decree. According to them they did not have proper opportunity to defend the suit. The appellate Court by its judgment dated 04/10/2017 allowed the appeal subject to payment of costs of Rs.4000/ by the defendants to the plaintiff. The amount of costs were to be paid within period of two weeks failing which it was ordered that the appeal would stand dismissed. It was further observed that if the costs were paid, the parties would appear before the trial Court on 26/10/2017 after which the suit would be decided afresh. On 12/10/2017 the defendants filed an application below Exhibit36 before the appellate Court and sought permission to deposit the amount of costs of Rs.4000/. The appellate Court on the same day permitted the amount of costs to be deposited and directed the Nazir to accept the same. The amount of costs were deposited on the same day. On 24/10/2017 the original plaintiff filed a pursis stating that as the conditional order of payment of costs had not been complied with, the appeal was liable to be dismissed. The appellate Court however held that the amount of costs were already deposited as per application at Exhibit36. Being aggrieved by the order permitting costs to be deposited, the original plaintiff has filed this civil revision application.

(3.) Shri P. P. Kothari, learned counsel for the applicant submitted that as per the order passed by the appellate Court, the amount of costs were to be paid to the plaintiff within a period of two weeks. Instead of complying with that order and paying the costs to the plaintiff, the defendants sought permission of the appellate Court and deposited that amount in Court.