CRP 287/2010 BEFORE HON’BLE THE CHIEF JUSTICE MADAN B LOKUR The petitioner/plaintiff is aggrieved by an order dated 15th June, 2010 passed b y the learned Munsiff, Margherita in Money Suit No.01/2010. It appears that the Money Suit was listed on 8th June, 2010 for further cross examination of the plaintiff. According to learned counsel for the plaintiff, the plaintiff was presen t in the Court on that day but unfortunately his advocate was not present. Howev er, the plaintiff could not have his presence recorded. In the absence of the pl aintiff, the learned Trial Court ordered the expunction of his evidence, which was submitted by way o f an affidavit. Later, on the same date, the advocate of the plaintiff entered appearanc e and filed an application seeking review and vacation of the order passed earli er in the day. The learned Trial Judge rejected the application on the ground that plaintiff ha d taken adjournments earlier and had even been asked to pay costs. According to the learned Munsiff, the order passed on 8th June, 2010 was intended to prevent abuse of the process of law. I have heard learned counsel for the parties. It appears that the plaint iff’s advocate was busy in some other Court and was unable to attend the matter on 8th June, 2010 although he appeared later in the day. It may be true that the plaintiff had taken adjournments on earlier occasions, b ut still, heavy costs could have been imposed on the plaintiff so that this sort of a conduct is not repeated. I am of the considered opinion that in this case, the interest of justice would be served if heavy costs are imposed on the plaintiff so as to ensure his attend ance on future dates in the case. Under the circumstances, the order dated 15th June, 2010 is set aside s ubject to payment of costs of Rs.2,500/-(Rupees two thousand and five hundred on ly) payable by the plaintiff to the defendant. The costs to be paid within 3(three) weeks from today. List the matter for compliance and further proceedings before the learne d Munsiff, Margherita on 1st December, 2010. The Revision Petition is disposed of.