Chander vs Rohtas

Swatanter Kumar, J.—This case stands at Sr. No. 435 on the regular Board of this Court. The case has been called for three times since morning but nobody appears on behalf of the petitioner.

This revision is directed against the judgment and order passed by the learned Addl. District Judge, Jind dated 18.1.1982. Learned trial Court while relying upon Full Bench of this Court reported as Anand Parkash Vs. Bharat Bhushan Rai and Another, , held that the plaintiff had failed to pay the costs as imposed by the Court. The Court allowed the application of the defendant u/s 35-B of the CPC and resultantly dismissed the suit of the plaintiff, vide order dated 18.1.1982.

The judgment of the Full Bench Anand Parkash (supra) is binding on this Court. As such, I find no error of jurisdiction in the impugned judgment. It is clear from the record that the costs imposed by the Court were neither paid nor tendered despite filing of an application u/s 35-B of the CPC 1980 and the trial Court have taken a view while following the principle enunciated in the Full Bench of this Court. The dismissal of the suit, thus, cannot be said to be bad in law and the order resulting is not suffered any jurisdiction error or otherwise.

Having no merit the revision is dismissed. There shall be no order as to costs.

Revision dismissed.