Manohar Singh vs D.S. Sharma & Anr

The Supreme Court held that Section 35B of the Code of Civil Procedure mandates that if costs levied on a plaintiff are not paid, the court can only stop further prosecution of the suit but does not confer the power to dismiss the suit outright. The Court upheld the High Court's ruling that the trial court's dismissal of the suit for non-payment of costs was incorrect. The appeal was allowed, and the dismissal order was set aside, allowing the plaintiff to proceed with the suit upon payment of costs.