Sangeet Lodha, J. - (1.) This petition is directed against order dated 17.3.12 passed by the Additional District Judge(F.T.) No.2, Jodhpur Metropolitan City in Civil Original Case No.117/04, whereby an application preferred on behalf of the respondent-plaintiff under Section 35B read with Section 151 CPC has been allowed and accordingly, further prosecution of the defence by the petitioner-defendant stands closed.
(2.) The relevant facts are that respondent-plaintiff instituted a suit for possession of a house situated at plot no.32, Central School Scheme, Jodhpur against the petitioner herein. The suit is being contested by the petitioner by filing a written statement thereto. During the pendency of the suit, the petitioner preferred an application under Order XIII Rule 3 CPC. After due consideration, the application was rejected by the court below vide order dated 21.11.11 and costs quantified at Rs. 3,000/- was imposed observing that the application preferred is frivolous and appears to have been made to delay the proceedings.
(3.) The petitioner failed to make payment of the costs to the respondent-plaintiff even after opportunities being granted by the court and therefore, the respondent-plaintiff preferred an application under Section 35B read with Section 151 CPC for closure of the further prosecution of defence by the petitioner-defendant. The court below found that in terms of provisions of Section 35B, the payment of costs, on the next following date of the order passed by the court imposing the costs, is condition precedent for further prosecution of defence by the defendant and therefore, on account of non payment of costs, the defence of the defendant deserves to be closed. Accordingly, by the order impugned, the defence of the petitioner-defendant stands closed and he has been debarred from participating in further proceedings of the suit. Hence, this petition.;