KAWALJEET SINGH Vs. SATPAL SINGH KOHLI & ORS

JUDGEMENT

(1.) C.M. No.19406/2014 (exemption)

(2.) By this petition under Article 227 of the Constitution of India petitioner/plaintiff impugns the order of the trial court dated 9.10.2014 by which costs of Rs.50,000/- were imposed upon the petitioner and in favour of the defendants in view of the fact that defendants had suffered litigation for around five years before the petitioner/plaintiff chose to withdraw the suit. The impugned order reads as under:-

(3.) Though learned counsel for the petitioner argues that actually the suit was withdrawn under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) because the suit had to be filed in the correct court of pecuniary jurisdiction, but during the course of hearing, it is conceded that the petitioner/plaintiff does not have to file a fresh suit in the court of correct pecuniary jurisdiction as per the objections raised by the defendants.