M.R.SHARMA, J.

1. The respondent filed a suit for recovery of some money against the petitioner. It appears that the respondent was allowed time to file replication on payment of costs. On the date when the replication was filed, the costs were not paid. The learned trial Judge, however, accepted the replication and ordered that the costs be paid on the next date of hearing. This order passed by the learned Subordinate Judge has been challenged by the petitioner on the ground that since the adjournment granted for filing the replication was conditional on payment of costs and the costs had not been paid on the date when the replication was filed, the suit filed by the respondent should have been dismissed. In support of this contention, the learned counsel for the petitioner relies upon the language employed in S.35-B of the Civil P.C. the relevant portion of which reads as under :-

"35-B : Costs for causing delay (1) If, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit - (a) fails to take the step which he was required by or under this Code to take on that date, or

(b) obtains an adjournment for taking such step or for