IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11280 of 2011 Suresh Paswan Versus Shankar Paswan & Ors ----------- 03. 21.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed by the defendant No.1-respondent No.1 against the order dated 28.04.2011 passed by Addl. District Judge-cum- Fast Track Court No.1, Madhepura in Title Appeal No.30 of 2004 whereby the learned Court below permitted the petitioner to argue the appeal which was fixed for ex-parte Judgment because the petitioner was not appearing. While passing that order permitting the petitioner to argue the appeal, the learned Court below awarded cost of RS.10,000/-. Against this part of the order awarding cost of Rs.10,000/-, this writ has been filed on the ground that it is excessive and the learned Court below should have awarded a less cost. In my opinion, while exercising jurisdiction under Article 227 of the Constitution of India, this Court will act as appellate Court and moreover in writ jurisdiction, the rate of cost cannot be decided. Accordingly, I find no merit in this appeal and thus it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)