SUPREME COURT OF INDIA

Before:- Sujata V. Manohar and B.N. Kirpal, JJ.

Civil Appeal No. 608 of 1998 (Arising out of S.L.P. (C) Nos. 16263-64 of 1998). D/d. 4.12.1998.

State of Meghalaya and another - Appellant

Versus

Prem Nath Prasad - Respondents

Practice and Procedure - High Court while deciding the appeal from an order passed by learned Additional Deputy commissioner directed that cost be paid by learned Additional Deputy Commissioner - Original Order passed by Additional Deputy Commissioner in his judicial capacity while deciding an application for grant of probate - Held, even if the High Court has allowed the appeal, it cannot direct a Judicial Officer who has passed the order in his judicial capacity to pay the costs.

[Paras 2 and 3]

ORDER

Heard both sides. Leave granted.

2. The High Court while deciding the appeal from an order dated 19.12.95 passed by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong, has directed that cost should be paid by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong. The original order of 19.12.1995 was passed by the Additional Deputy Commissioner, East Khasi Hills, District Shillong, in his judicial capacity while deciding an application for grant of probate. Even if the High Court has allowed the appeal, we fail to see how the High Court can direct a Judicial Officer who has passed the order in his judicial capacity to pay the costs.

3. We, therefore, set aside that part of the order of the High Court which directs the learned Additional Deputy Commissioner to pay the costs of Rs. 2,000/- and which directs that the same shall be entered in one of the State Relief Funds.

4. The appeals are accordingly allowed and the last five lines of the impugned order stand deleted as above.

.