Appeal can not be dismissed on default to pay costs

Manohar Singh Vs. D.S. Sharma & Ors. AIR 2010 SC 508 Where the plaintiff has been directed to pay costs to the defendant, for seeking adjournment and causing delay, does the non-payment of costs by the plaintiff, entails the dismissal of the suit? This question came up for discussion in the above mentioned case before their Lordships, and it was held that non-payment of costs, does not entail the dismissal of the suit. Order XVII rule (1) of the CPC provides that the court may, if sufficient cause is shown, at any stage of the suit, grant time to the parties or to any of them and may from...