- (1.) This petition is directed against the order of the trial Court whereby it refused to take any action under Section 35-B of the Civil Procedure Code at the instance of the plaintiff.
(2.) After hearing the learned counsel for the parties, I do not find any merit in this petition. The trial Court in exercise of its discretion allowed the defendant to pay the costs subsequently as it came to the conclusion that earlier the costs could not be paid in time as it was beyond the control of the defendant to do so. In these circumstances, this Court will not interfere with the discretion exercised by the trial Court. Consequently, the petition fails and is hereby dismissed with costs. The parties, through their counsel, are directed to appear in the trial Court on 21st February, 1983.;