MANOHAR SINGH vs D.S. SHARMA

The Supreme Court addressed the interpretation of Section 35B of the Code of Civil Procedure, which mandates that if costs levied on a plaintiff are not paid, the court may stop further prosecution of the suit but does not explicitly authorize dismissal of the suit. The Court held that the trial court's dismissal of the suit for failure to pay costs was not in accordance with the provisions of Section 35B, thereby allowing the appeal and setting aside the lower court's orders. The judgment clarified the limits of judicial discretion in enforcing cost orders under the CPC.