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(2004) 2 MLJ 660 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : S.Sardar Zackria Hussain, J.
Case Number(s) : C.R.P.(NPD) No.1190 of 2002
Judgement Date :
Monday 19th of April 2004
| Arulmigu Adhisakthi Siva Bala Subramanya Temple, Thirumanikuzhi by Hereditary Trustee, Adhi Sakthi Siva Shanmugha Raja Anaikuppam, Cuddalore | .....Appellant(s) | | Versus | | | The Executive Officer, Arulmigu Vamanapureswarar Temple, Thirumanikuzhi Village,having its office at Sree Anjaneyar Temple, Thirupapuliyur, Cuddalore | .....Respondent(s) |
Civil Procedure Code (V of 1908), O.7, Rule 11 — Revision against an order rejecting the plaint — Earlier suit withdrawn with liberty to file a fresh suit — Direction that the costs of the earlier suit to be paid or deposited at the time of institution of the fresh suit — Failure to do so — Whether the subsequent suit is liable to be rejected at the threshold — Order directing deposit of costs cannot be a condition precedent for filing a fresh suit — Opportunity can be given for payment or deposit of costs — Plaintiff directed to deposit the costs of the earlier suit.
Cases Referred
M/s. Konkan Trading Company v. Suresh Govind Kumat Tarkar A.I.R. 1986 S.C. 1009
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