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newmember7000   24 July 2023

How to recover legal costs from opposite party,

How to recover legal costs from opposite party, court wants to finish 8 years old property case but that party gone to district court saying the case should be transfered in other Additional DC district court but DC rejected his 2 applications now for defending his 2 applications in DC i have to pay amount to lawyer so when district judge rejection his 2 applications can i file application in DC to get money i have to spend in defending or till case in additional DC is over

 


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 4 Replies

P. Venu (Advocate)     24 July 2023

The facts posted are incomplete. What is the type of case - is it civil or criminal? Has the trial court awarded costs in its decison?

newmember7000   24 July 2023

civil case . the opposite party is stopping trial court that is additional district court in hearing the matter by giving excuses everytime like he is sick as trail was about to finish in few days,  but district court rejected 2 application of transfering in another additional district court so when i paid to lawyer in defending his 2 application can i get that money if i apply to district court , the opposite party was also fined for wasting district court time ,  thanks 

T. Kalaiselvan, Advocate (Advocate)     25 July 2023

The opposite party has already been fined by the court for the said reason.

This is a legal case you are fighting  and in such cases the transfer petition and other issues are common, hence you cannot claim any damage from the opposite litigant if his petition was dismissed by the court especially if it has not imposed any cost on him.

newmember7000   25 July 2023

but i incurred 40000 Rs cost for defending 2 applications in DC as advocate demanded that much in defending 2 times in District court. the opposite party was fined just 3000 Rs and mine expenses was 40000 Rs , mine lawyer says when additional district court gives decision in mine favour then only i can claim cost for fighting in DC and expenses of additional district court 


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