IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.356 of 2008 SMT. SHANTI DEVI Versus SURESH PANDIT ----------- 2. 12.5.2009 Heard. The grievance of the petitioner is that for not paying a cost of Rs.1,000/- the petitioner has been slapped with an order upon her of strucking off her defence. The court feels that the order was too harsh to be reasonable. The court could have considered the non-payment of the cost even at the time of passing of the final decree and that could have been included in the cost of the suit. However, the petitioner’s counsel appearing before me indicates that the day which could be fixed by the court below the petitioner shall be depositing the cost of Rs.1,000/- and if that happens in the court below, the court below shall allow the petitioner to set up her defence and participate in the proceedings of Title Suit No.29 of 2005. This petition is disposed of with the above directions. B.Kr. ( Dharnidhar Jha, J. )