JUDGMENT

Mr. B.S. Walia, J.: (Oral)- Challenge in the revision petition is to order dated 02.08.2016 (Annexure P-5) passed by the learned Additional Civil Judge (Sr. Div.), Dera Bassi partly allowing the application for additional evidence as filed by the respondent/plaintiff.

2. At the very outset, learned counsel for the respondent/plaintiff contended that application for additional evidence was allowed in part and respondent/plaintiff-applicant was permitted to examine Krishan Latava, resident of Gali No.1, Jujhar Nagar, Patiala i.e. attesting witness of agreement to sell Ex.PA only subject to payment of costs of Rs.5000/-.

2. Per contra, learned counsel for the petitioners by relying upon a decision of this Court in Shamsher Singh and others v. Joginder Singh and another, [2012(3) Law Herald (P&H) 2599] : 2012 (1) PLR 205 contended that the acceptance of costs was under protest, therefore, there was no bar to the petitioners challenging the impugned order. Para 9 of the decision in Shamsher Singh’s case (Supra) is reproduced as under:-

“9. It may be made clear at the outset that acceptance of costs under protest is different from acceptance of costs without any such protest. Acc