Law:

Section:

Civil Procedure Code (V of 1908)--------S. 35-A---Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Ss. 42 & 44---Compensatory costs---Imposition of---Civil servant was appointed as Research Officer B-17 and subsequently when post of "Entomologist Sericulture" B-18 fell vacant, he applied to be promoted to the said post, but instead he was promoted to that post on current charge basis--Letter issued by Deputy Director to Director had shown that co-civil servant was promoted as Assistant Entomologist and not as Entomologist Sericulture B-18, civil servant having entertained wrong belief with regard to promotion of co-civil servant, he was suggested to withdraw writ petition filed by' him against the promotion of co-civil servant, but he did not do so---High Court dismissed writ petition of the civil servant imposing rupees five thousand as compensatory costs on him for filing a frivolous and vexatious petition--­Validity---Held, under provisions of S.35-A, C.P.C. before a party could be imposed exemplary compensatory costs there must be a finding that averments made by one party or the other were patently vexatious which had no legal foundation for prosecution' or defence of a particular cause---No finding of High Court was on record to the effect that letter by Deputy Director to Director could not give any impression to civil servant for filing writ petition especially when he was not aware of contents of the working papers---Mere fact that civil servant did not withdraw writ petition, would not justify to hold that initial averments regarding promotion of co-civil servant were without any foundation and were vexatious---Section 35-A, C.P.C. had not been amended in Azad Jammu and Kashmir and amount of compensation in case of exemplary costs could not be awarded more than one thousand rupees. Sardar Rafique Mahmood Khan, Advocate for Appellant: Raja Shiraz Kayani, Advocate- General for Respondents Nos. l to 6. Date of hearing: 12th January, 2000. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.----This appeal, with leave of the Court, has been directed against the order of the High Court, dated 7-7-1999, whereby the writ petition filed by the…

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