JUDGMENT :

GURBIR SINGH, J.

1. The prayer in the present Civil Revision filed under Article 227 of the Constitution of India is to impose exemplary cost under Section 35 and 35-A CPC for filing vexatious suit by the plaintiff/respondent, which stands dismissed as withdrawn vide order dated 24.12.2015 passed by learned Civil Judge (Junior Division), Gurgaon (for brevity - Trial Court) and appeal against the said order was dismissed vide order dated 26.08.2016, passed by learned Additional District Judge, Gurgaon (for brevity - Lower Appellate Court).

2. The brief facts, as culled out from the paper book, are that the plaintiff/respondent filed a suit for mandatory injunction and recovery of mesne profit against the defendant/petitioner. At a later stage, he made statement before the learned Trial Court that he did not wish to proceed further with the suit but defendant/petitioner opposed the prayer for withdrawal of suit stating that his application dated 19.03.2015 for perjury against the plaintiff/respondent was pending in the said suit. However, the suit was dismissed as withdrawn vide order dated 24.12.2015 and it was held by the learned Trial Court that since application of perjur