' This revision was admitted to consider the propriety of imposition of cost of Rs,5,000 under section 35-A, C.P.C. As the learned Judge was of the opinion that the suit instituted by the plaintiff- petitioner was frivolous suit. The plaintiff filed the suit for recovery of Rs,24,000 on the averments that the plaintiff is a staunch Muslim; the defendant-respondent prepared a chart for timings of five prayers in which he incorporated wrong timings of prayers of Zohar and Asr. The plaintiff accordingly served a notice on the defendant demanding correction of the timings and as the demand was not accepted, he filed the suit in question.
2. The learned trial Court vide order dated 30-3-1991 rejected the plaint under Order VII, rule 11. C.P.C.
Holding that the suit is frivolous as the plaintiff has no authority to claim damages against the defendant on the ground that he believed that the chart prepared by the defendant giving timings of prayers is wrong. The learned Judge was also of the view that none of the rights of the plaintiff has been infringed and that in any case suit in respect of religious matters cannot be instituted in civil Courts. He, therefore, imposed Rs,5,000 as special costs under section 35-A of the C.P.C.
3. The order rejecting the plaint and awarding costs dated 30-3-1991 was challenged in appeal but the same was dismissed by the learned Additional District Judge vide judgment dated 6-10-1991, hence this revision petition.
4. No justifiable objection can be taken to the view which prevailed with the learned Courts below.
The suit obviously is not competent as none of the rights of the plaintiff has been infringed but while awarding the cost the status and financial position of the litigant has also to be kept in consideration. It is to be noticed that the petitioner by carrying out this litigation has also incurred expense. Thus, the costs awarded appear to be excessive. The ends of justice would be fully met by awarding costs of Rs,3,000. I would, therefore, reduce the cost from Rs,5,000 to Rs,3,000 and the imugned order of the learned trial Court stands modified accordingly. The revision petition succeeds in the above terms.