[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL REVISION PETITION NO. 27/2006 PAWAN KUMAR Vs. JAFAR ALI DATE: 07.01.2008 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Shiv Charan Gupta for the defendant-petitioner. **** Heard learned counsel for the petitioner and perused the order impugned dated 25.01.2006. It is contended by the learned counsel for the petitioner that the plaintiff sought permission from the trial Court to withdraw the suit with liberty to file fresh suit and the trial Court granted the permission to withdraw the suit with liberty to file fresh suit on the cost of Rs. 100/-. Thereafter the respondent filed a fresh suit without paying cost and, therefore, objection was raised by the petitioner- defendant before the trial Court and by order impugned dated 25.01.2006, the trial Court made it clear that the suit shall proceed only when the plaintiff pays cost to the defendant imposed at the time of permitting to withdraw the suit. [2] Learned counsel submits that the suit as such could not have been entertained without paying cost as payment of cost was pre-condition for entertaining the suit. Upon perusal of the order impugned, it appears that the trial Court itself has noticed that the suit can proceed after paying cost. In the circumstances therefore, in my view the trial Court has considered the fact that paying of cost is condition precedent to entertain the suit. In this view of the matter, I do not find any error, illegality or perversity in the order impugned warranting interference by this Court. Consequently, the revision petition fails and the same is dismissed. (H.R. PANWAR),J. /KKC/