C.R. No. 727 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 727 of 2011 (O&M) Date of decision : 8.2.2011 Rajesh Kumar ......Petitioner Versus F.C.I. and others .......Respondents **** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. P.K. Gupta, Advocate, for the petitioner. **** SABINA, J. Plaintiff-Food Corporation of India (hereinafter referred to as 'the Corporation') had filed a suit for recovery of ` 9,82,513/-. Ex parte decree was passed by the trial Court on 9.12.1999. The said ex parte decree against defendant No.2 was set aside subject to payment of ` 5,000/- as costs. Plaintiff, however, did not accept the cost on the adjourned date on the plea that he wanted to challenge the order by filing a revision petition. Civil Revision No.1000 of 2009, filed by the Corporation, challenging the order dated 1.10.2008 was dismissed by this Court. Thereafter, an application was filed by the Corporation directing defendant No.2 to pay the costs in terms of the order dated 1.10.2008. Vide the impugned order the said application was allowed by the trial Court. Hence, the present petition by defendant No.2. C.R. No. 727 of 2011 (O&M) 2 After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. The ex parte decree against defendant No.2 was set aside subject to payment of ` 5,000/- as costs vide order dated 1.10.2008. The costs were offered by defendant No.2 to the plaintiff in terms of the said order but the plaintiff did not accept the same as the Corporation wanted to challenge the order dated 1.10.2008 by filing a revision petition. The order dated 1.10.2008 was challenged by the Corporation by filing a revision petition in this Court. In these circumstances, it cannot be said that the Corporation had waived its right to receive the costs. The trial Court vide the impugned order, thus, rightly ordered defendant No.2 to pay costs to the plaintiff-Corporation. No ground for interference is made out. Dismissed. (SABINA) JUDGE February 8, 2011 Anand