Where the plaintiff fails in the suit or the permission granted to him to sue as an 1[indigent person] has been withdrawn, or where the suit is withdrawn or dismisses,—
(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service 2[or to present copies of the plaint or concise statement], or
(b) because the plaintiff does not appear when the suit is called on for hearing,
the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 1[an indigent person].
Footnotes in the official text
- 1.Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. -2-1977).
- 2.Ins. by s. 81, ibid. (w.e.f. 1-2-1977).