Virabhadrappa Chetti v. Chinnamma

1. So far as appears from the record the District Judge seems to have dismissed the petition under Section 158 of the Code of Civil Procedure on the ground that the costs which the counter-petitioner (appellant before us) had been ordered to pay had not been paid. Such costs would ordinarily be recoverable in execution, and, in the absence of a specific order making their payment a condition precedent to hearing the counter-petitioner's evidence, the counter-petitioner's failure to pay would not render Section 158 applicable.

2. We must, therefore, set aside the order of the District Judge and direct that the petition be restored to the file and be dealt with according to law. Costs will abide and follow the result.