S.S.SANDHAWALIA, J.

1. Whether the party defaulting in the payment of costs on the date fixed therefor (whereon the question is not at all raised) can on the subsequent date or dates be barred from further prosecuting the suit or its defence, as the case may be, - is the significant question which falls for adjudication in this reference, as a corollary to the ratio of the Full Bench in Anand Parkash V/s. Bharat Bhushan Rai, AIR 1981 Punj and Har 269, in the context of Section 35-B of the Civil P.C.

2. Prem Sagar petitioner had preferred an application in the trial Court for obtaining a succession certificate regarding the assets of one Sant Ram, deceased. Therein, 11th of Sept., 1981 was fixed for filing of a written reply by the respondents. This having not been done, a prayer for adjournment for filing the written reply was granted by the Court subject to the payment of costs of Rs. 20.00 on the next following date the 25th of Sept., 1981. On the said date, reply to the application was allowed to be filed and the question of the payment of costs was not even remotely raised by either side and the case was adjourned to the 10th of Oct., 1981. On the said date, the petitio