P.N.B., AMRITSAR Vs. JAGJIT SINGH

JUDGEMENT

(1.) THIS is an RFA directed against the judgment and decree dated 9.1.1979 passed by the Court of Senior Subordinate Judge, Amritsar, who decreed the suit of the plaintiffs-respondents for possession of the contents of locker as given in para 8 of the plaint against the present appellant i.e. the Punjab National Bank, Amritsar with costs with the observations that the plaintiffs obtain clearance certificate from the Estate Duty Officer, Amritsar, regarding that they have paid the estate duty due on the value of the contents of the locker. The grouse of the appellant-Bank is limited to the extent that the trial Court should not have awarded costs of the suit which have been assessed at Rs. 20759.30 inclusive of the stamp for the plaint and the lawyer's fee. I have gone through the records of this case and am of the opinion that no interference is called for. Section 35 Code of Civil Procedure lays down that :-

(2.) SUB -section (2) of Section 35 of the Code of Civil Procedure further lays down that :-

(3.) THERE is no merit in this appeal and the same is hereby dismissed with no order as to costs. Appeal dismissed.