In this Review Petition, the petitioner has sought the review of the judgment in so far as the upholding of compensatory costs of Rs,5,000 under section 35-A, C.P.C. Is concerned.
2. Learned counsel for the petitioner submitted that section 35-A, C.P.C. Has not been extended to this Province, therefore, the imposition of costs under the said section is against law and without jurisdiction.- His second contention is that since the objection with regard to the vexatious and frivolity of the suit was not taken at the initial stage in written statement and no finding to that effect was recorded by the trial and Appellate Courts, therefore, compensatory costs under section 35-A, C.P.C. Could not be granted.
3. Both the contentions of the learned counsel for the petitioner have no force, for, section 35-A, C.P.C. Was enforced in this Province On 28th May, 1989 vide Act II of 1989 and is applicable ever since, therefore, compensatory cost could be granted. As regard second contention, the objection was taken at initial stage i,e, in the written statement that plaintiff is a chronic litigant and suit has been filed to harass the defendant who are entitled to special costs, and issues to that effect were also framed. The learned trial Court and the Appellate Court discussed the same in length and the trial Court after recording reasons imposed the costs of Rs,15,000 which on appeal was reduced to Rs,5,000 by the Appellate Court. In view of the above, this Review Petition is devoid of any merit and is dismissed in limine, alongwith C.M. No,15 of 1999.