LAWS(P&H)-2024-1-2

JOHNY MATHEW Vs. SUNIL PANWAR

Decided On January 04, 2024
Johny Mathew Appellant
V/S
Sunil Panwar Respondents

JUDGEMENT

(1.) The prayer in the present Civil Revision filed under Article 227 of the Constitution of India is to impose exemplary cost under Sec. 35 and 35-A CPC for filing vexatious suit by the plaintiff/respondent, which stands dismissed as withdrawn vide order dtd. 24/12/2015 passed by learned Civil Judge (Junior Division), Gurgaon (for brevity - Trial Court) and appeal against the said order was dismissed vide order dtd. 26/8/2016, passed by learned Additional District Judge, Gurgaon (for brevity - Lower Appellate Court).

(2.) The brief facts, as culled out from the paper book, are that the plaintiff/respondent filed a suit for mandatory injunction and recovery of mesne profit against the defendant/petitioner. At a later stage, he made statement before the learned Trial Court that he did not wish to proceed further with the suit but defendant/petitioner opposed the prayer for withdrawal of suit stating that his application dtd. 19/3/2015 for perjury against the plaintiff/respondent was pending in the said suit. However, the suit was dismissed as withdrawn vide order dtd. 24/12/2015 and it was held by the learned Trial Court that since application of perjury is criminal in nature, separate proceedings can be initiated by the defendant/petitioner in the competent court of law.

(3.) Aggrieved by the aforesaid order dtd. 24/12/2015, the defendant/petitioner preferred appeal praying that the learned Trial Court should have imposed exemplary cost upon the plaintiff/respondent. The learned Lower Appellate Court, while observing that the Trial Court was having discretion in imposition of costs, dismissed the appeal filed by defendant/petitioner, vide order dtd. 26/8/2016.