Can plaintiff's be dismissed?
R.A.E. Suit filed by Sr. Citizen lady Plaintiff. Issue though pleaded not framed. Filed application to bring under provisions of sec. 108 TOP issue, Court sought deft's say, who objected prayer to be not specific as sub section 108 (o) was not mentioned. Deft had denied earlier in W.S. that he had not breached provisions of sec. 108 of TOP. Plaintiff’s application rejected as being not specific. So Plaintiff sought amendment of plaint to bring in same issue, allowed, but total cost imposed Rs. 8000/- for failure of trial court to frame issue & aforesaid cost is not even plaintiff's family monthly income & beyond plaintiff's means & control. Deft approached Bombay High Court against implementation of amendment order, but after part hearing withdrew it & w.p. was disposed of. Plaintiff filed review in same trial court on direction of trial court for exorbitant cost imposed which was rejected by new trial judge. Matter kept for PW#1 Cross. Deft now seeking dismissal of suit as order for amendment is not complied with & cost not paid by Plaintiff. Can Plaintiff’s suit be dismissed?