IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1388 of 2006 RAMA SHANKER SINGH Versus AASPUJAN PANDEY & ORS ----------- 4 1/10/2008 Heard counsel for the parties. In the opinion of this Court when no cost was imposed for miscellaneous case, muchless, to be realized from the petitioner, judgment debtor, he would not have been made liable to pay any cost on this head. That being so, this Court cannot sustain the impugned order which obviously has gone to hold the petitioner liable to pay also cost of miscellaneous case. That being so, this Court would allow this application, set aside the impugned order and remit the matter back to the court below to find out as to whether any amount is payable by the petitioner except the cost of miscellaneous case. With the above observation this application is allowed. ( Mihir Kumar Jha, J.) Abhay Kumar