- (1.) The defendant filed written statement but did not pay the conditional costs. On non-payment of conditional costs their defence was struck off.
(2.) The defendant filed an application for recalling the order striking off defence on the grounds stated in the application. That application had been dismissed by the trial Court vide order dated 26.4.1989 merely on the ground that the application is not sustainable and only revision would lie to the High Court. One of the defendants has come to this Court in revision.
(3.) On a consideration of the matter, I am of the view that the Court below failed to exercise its jurisdiction while passing the impugned order. The defendants could show sufficient cause for non-payment of the costs and if the trial Court was satisfied, it has the jurisdiction to recall the order striking off defence.;