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Judgment
A.H. Joshi, J.—Heard.
The petitioner is the plaintiff. He has filed a suit for declaration, partition and separate possession. The suit is of the year 2000. He wanted to amend the plaint which prayer has been allowed by the 2nd Jt. Civil Judge, Senior Division, Chandrapur. While doing so, cost of Rs. 1000/- was ordered.
This stipulation of cost of Rs. 1000/- is challenged in this petition.
This Court finds that the litigant who is aggrieved by order of payment of cost of Rs. 1000/- has spent Rs. 250/- for Court fees and certainly some expenses for filing the petition and might have incurred the expenses towards Lawyers fees too. He is least worried about the cost which State suffers due to such avoidable and vexatious litigations, apart from loss of invaluable time of this Court, and deprivation of time of Court lost due to such frivolous petition.
In this situation, the petitioner should be ordered to pay cost of Rs. 5000/- which shall go to the Legal Services Sub Committee of this Court. Deposit of Costs within 30 days shall be the condition precedent for proceeding with the suit.
If the amount of cost is not deposited within 30 days from today, and its receipt and affidavit of compliance is not filed in trial Court, the suit filed by the plaintiff present petition namely Special Civil Suit No. 60 of 2000 shall stand dismissed without further reference to the Court.
Petitioner is put to notice that even enlargement of time for payment would not be entertained.