Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,-

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 [or to present copies of the plaint or concise statement] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1. 2.1977).] , or

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 an [indigent person] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for " pauper" (w.e.f. 1.2.1977).] .

High Court Amendments-[Andhra Pradesh].-The existing rule 11, which is same as that of Madras, shall be renumbered as sub-rule (1) to rule 11 and the following shall be added as sub-rule (2) thereof: "(2) Where the suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, but no provision is made for the payment of Court-fee, the Court may direct either of, or both, the parties to pay the Court-fee or any proportionate part thereof, as it thinks fit."-(14-9-1961). [Karnataka].-Substitute the following for existing rule 11: "11. (1) Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or the suit is dismissed because the summons for the defendant to appear and answer has not been served upon him in consequence of the plaintiff's failure to pay the requisite charges for service or the suit is so dismissed 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-fee and in case of abandonment of part of the claim the proportionate Court-fee which would have been payable by the plaintiff if he '_^ ^ a „mot been permitted to sue as pauper. (2) In cases where the plaintiff is diapaupered the Court may, instead of proceeding under sub-rule (1) order the plaintiff to pay the requisite Court-fee within a time to be fixed by it and in default dismiss the suit and make an order for the payment of Court-fee as in sub-rule (1). (3) Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff the Court may order the next friend to personally pay the Court-fee."-(30-3-1967). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-Substitute the following for existing rule 11: "11. Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or where the suit is dismissed (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-fees or postal charges (if any) chargeable for such service, 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-fee and in the case of abandonment of part of the claim the proportionate Court-fee, which would have been payable by the plaintiff he had not been permitted to sue as a pauper. In cases where the plaintiff is dispaupered the Court may instead of proceeding under the previous paragraph, order the plaintiff to pay the requisite Court-fee within a time to be fixed by it and in default dismiss the suit and make an order for the payment of Court-fee as in the previous paragraph. Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff, the Court may order the next friend to personally pay the Court-fee."-(22-10-1940). [Pondicherry].-Same as that of Madras.

Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,-

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 [or to present copies of the plaint or concise statement] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1. 2.1977).] , or

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 an [indigent person] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for " pauper" (w.e.f. 1.2.1977).] .

High Court Amendments-[Andhra Pradesh].-The existing rule 11, which is same as that of Madras, shall be renumbered as sub-rule (1) to rule 11 and the following shall be added as sub-rule (2) thereof: "(2) Where the suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, but no provision is made for the payment of Court-fee, the Court may direct either of, or both, the parties to pay the Court-fee or any proportionate part thereof, as it thinks fit."-(14-9-1961). [Karnataka].-Substitute the following for existing rule 11: "11. (1) Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or the suit is dismissed because the summons for the defendant to appear and answer has not been served upon him in consequence of the plaintiff's failure to pay the requisite charges for service or the suit is so dismissed 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-fee and in case of abandonment of part of the claim the proportionate Court-fee which would have been payable by the plaintiff if he '_^ ^ a „mot been permitted to sue as pauper. (2) In cases where the plaintiff is diapaupered the Court may, instead of proceeding under sub-rule (1) order the plaintiff to pay the requisite Court-fee within a time to be fixed by it and in default dismiss the suit and make an order for the payment of Court-fee as in sub-rule (1). (3) Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff the Court may order the next friend to personally pay the Court-fee."-(30-3-1967). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-Substitute the following for existing rule 11: "11. Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or where part of the claim is abandoned or where the suit is dismissed (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-fees or postal charges (if any) chargeable for such service, 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-fee and in the case of abandonment of part of the claim the proportionate Court-fee, which would have been payable by the plaintiff he had not been permitted to sue as a pauper. In cases where the plaintiff is dispaupered the Court may instead of proceeding under the previous paragraph, order the plaintiff to pay the requisite Court-fee within a time to be fixed by it and in default dismiss the suit and make an order for the payment of Court-fee as in the previous paragraph. Where the Court finds that the suit has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff on a cause of action which accrued during the minority of such plaintiff, the Court may order the next friend to personally pay the Court-fee."-(22-10-1940). [Pondicherry].-Same as that of Madras.