AIR 1947 PATNA 106

Patna High Court

Hon'ble Judge(s): Shearer , J

Criminal P.C. (5 of 1898) , S.476, S.476— Application for prosecuting plaintiff for perjury dismissed by Civil Court - Provisions of Civil Procedure Code being applicable Court has power to award costs to plaintiff - Appellate Court u/S.476-B has also same power - Civil P.C. (5 of 1908) , S.35— Applications under S.476, Criminal P.C. originating in Civil Courts must be dealt with according to the provisions of the Civil Procedure Code : 18 AIR 1931 Cal 604 ; 18 AIR 1931 Pat 411 and 21 AIR 1934 Pat 55, Foll.; 30 AIR 1943 Lah 26, Not foll.(Para 1) Consequently, where an application under S.476 is made to a Civil Court for prosecuting the plaintiff for an offence of perjury, the Court has jurisdiction while dismissing the application to award costs under S.35, Civil P.C., to the plaintiff. Such costs are incident to the suit in which the petitioner was the defendant, being the cost of interlocutory applications made to the Court after the suit was decreed. Similarly, the appellate Court while disposing of the appeal under S.476-B filed against the order dismissing the application has power to award costs.(Para 1) .....