BALBIR SINGH Vs. BALWINDER SINGH AND ORS.

JUDGEMENT

(1.) This civil revision petition invoking supervisory powers of this Court under Article 227 of the Constitution of India, has been preferred by plaintiff Balbir Singh, petitioner herein, challenging order dated 11.01.2013 (Annexure P-1) whereby the lower court on non-deposit of costs had dismissed the suit under Section 35-B of the Civil Procedure Code (for short, the CPC) as also order dated 18.04.2014 of Additional District Judge, Panchkula (Annexure P-2) whereby appeal against order of the lower court was also dismissed.

(2.) It is claimed that costs of Rs.500/- was imposed on 11.01.2013 because of non-filing of copies of plaint and summon forms for service of defendants No.6 and 7, and counsel for the plaintiff was asked to deposit the same by 12.30 p.m. on the same day which the counsel for the plaintiff could not deposit due to absence of contact with the plaintiff. It is further urged that when the plaintiff, petitioner herein, had not even known the order of deposit of costs of Rs.500/-, he could have made compliance of the same on 11.01.2013 itself by 12.30 pm as was ordered by the lower Court. It is urged that the impugned order has been made in haste.

(3.) Appeal against this order of 11.01.2013 was also dismissed on 18.04.2014 by the first Appellate Court. Order of the lower court under Section 35B of the CPC for non-payment of costs results in finally deciding the suit and would not be termed as interim revisable order. It is appealable. Appeal was preferred which was also dismissed on 18.04.2014 by the first Appellate Court. Since appeal is a right created by the statute under Section 104(1)(ff) CPC and no Regular Second Appeal is provided against such order of first Appellate Court, only revision would be maintainable.