- (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 per mit 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 appli cation supported by an affidavit for adjourn ment of the case so that he may file a revi sion against the order refusing the applica tion for bringing on record certain docu ments. The learned Civil Judge while granting the application passed the follow ing 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 de fault and non-prosecution. No more ad journment. Any stay order (certified copy) be filed before that date." It is permissible to grant a con ditional order of adjournment. The condi tion may be about payment of costs. Costs normally are such as the other side has in curred, 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. 300.00 as costs of the adjournment In the circum stances, 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 learn ed Civil Judge to the effect that on non payment of the amount the suit shall auto matically 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 pro per in the circumstances of the case, to pass an order for an automatic dismissal of the suit.
(3.) AS the condition imposed by the learned Civil Judge is in the nature of penalty not permissible by law, the order has to go.;