JUDGMENT Kaushal Kishore, Member. - This revision petition has been filed against the order dated April 18, 1980 by the learned Additional Commissioner, Faizabad Division Faizabad refusing to extend under Section 148 of the C.P.C. the time to pay cost to the defendants after the two cases were conditionally remanded to the learned trial court by order dated March 31, 1978. 2. I have heard the learned counsel for the applicant and have also perused the record. None appeared for the opposite party in spite of due notice. 3. Shyamadevi had filed two suits under Section 202 of the U.P.Z.A. and L.R. Act and the learned trial court decreed both the suits on October 16, 1970. The first appellate court by order dated March 31, 1973 allowed the appeals and remanded the cases to the trial court on condition of payment of the cost Rs. 12/- in each case to the defendant failing which it was directed that the appeals would be totally allowed and the suits would stand dismissed. Although cost remained from being paid, the suits continued to be heard in the trial court and the present revisionists numbers 1, 4 and 5 who got the land through sale from Shyamadevi got themselves impleaded as parties. On detection of non-payment of cost, an application was made before the first appellate court on March 20, 1978 to extend time under Section 148 C.P.C. which was rejected, in spite of an affidavit being in support and no counter-affidavit against the application. This gave rise to the present petition. 4. The learned counsel for the applicant has argued that the explanation in affidavit, in the absence of any counter-affidavit should have been relied upon in view of the ruling report in A.I.R. 1962 Alld. 407. He further cited a ruing reported in AIR 1972 Allahabad 246 in support of his argument that the time could be extended even after the expiry of the date April 10, 1973 fixed by the first appellate court. 5. While I agree with both these contentions it may further be observed that a wrong principle was applied in the judgment dated March 31, 1973 and the rejection of the application under Section 148 C.P.C. had the effect of finalising an illegal order on purely technical ground. 5. While I agree with both these contentions it may further be observed that a wrong principle was applied in the judgment dated March 31, 1973 and the rejection of the application under Section 148 C.P.C. had the effect of finalising an illegal order on purely technical ground. Only dismissal of an application or case or appeal can be the alternative of allowing the application/case/appeal on payment of cost and allowing an application or case or appeal can not result from non-payment of cost by any party. In the instant case, the appeal could not be allowed on default by the respondent in the matter of costs but only on establishment of the case by the appellant. 6. It is again, not necessary to subject the remand order to payment of cost by any party, for such costs could always be adjusted in the decree. 7. So, on all various considerations above, the order dated April 18, 1980 cannot be allowed to stand. The hearing of the two suits from May 21, 1973 to 1978 need not be held irregular merely for costs which can well be adjusted in the decree. In fact, the conditional order in the judgment dated March 31, 1973 provided a self-contradiction amounting to illegality which after all this period of hearing the cases could best be corrected under Section 151 C.P.C. From this point of view also, the revision must be allowed so as to correct the wrong. 8. Accordingly, this revision petition is allowed, the order of the learned Additional Commissioner dated April 18, 1980 is set aside and the application under Section 148 C.P.C. is allowed, and it is further ordered that the costs shall be taken into account while preparing the decree. In the result the two cases in the trial court will now proceed further. Next date in the trial court is fixed for October 19, 1983 and since the defendants/opposite parties have not appeared here, the learned trial court shall send due notice to them.