KONKAN TRADING COMPANY vs SURESH GOVIND KAMAT TARKAR & ORS.

The Supreme Court held that under sub-rule (3) of Rule 1 of Order XXIII of the Code of Civil Procedure, 1908, a court may direct a plaintiff to pay costs to the defendants as a condition for filing a fresh suit. The Court clarified that if costs are paid within a reasonable time set by the court, the new suit is deemed validly instituted from the date of presentation. The Court restored the Trial Court's order, emphasizing that a hypertechnical view should not deny access to justice, particularly when the plaintiff was only required to pay a nominal sum of Rs. 100 as costs.