( 1 ) PETITIONER and deft. 2 were partners in a firm. Petitioner sold his share to deft. 1 for Rs. 25,000. 00 and deft. 1 gave him cheque on 24-4-70 for part amount, of Rs. 15,000. 00 which was to be presented on re-validation of licenses. The cheque when presented was dishonoured. On 22-2-73, deft. 1 sued petitioner for injunction that he should not encash the cheque and petitioner received its summons for 20-7-73 and filed w/s on that day and 5-11-73 was fixed for replication and issues. Petitioner filed his suit for Rs. 33,750. 00 on 23-4-73 and 24-5-73 was fixed for service. Service did not take place as process fee was filed very late. For adjourned date 17-7-73, only deft. 2 was served and he was absent. For the next date 28-8-73, petitioner s counsel did not give process fee and suit against him was dismissed under O. 9, R. 3, CPC. For filing w/s of deft. 2. 12-9-73 was fixed upon costs of Rs. 100. 00. Deft. 2 instead of filing W/s or paying costs filed a review application. It was dismissed and the court passed decree under Order 8 Rule 10 against deft. 2. to the other case, the plaintiff instead of filing replication withdrew the suit, when the petitioner s law