LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nirav   20 September 2024

Process of waiving of cost selectively applied to one of the appellant in district court

Recently District Court judge has selectively imposed cost of Rs. 5000 each (total of Rs 20,000) SELECTIVELY for one of the appellants for my all 4 Misc. Civil Appeal dealing with stay order, per jury, self repairing of damaged property and re-doing factually incorrect court commission report. 4 MCAs were heard by 2 district judges for 34 hearings (first judge was transferred after 30 hearing and second judge did not hear matter in 4 hearing) and then suddenly transferred to PDJ who disposed all MCA in just one hearing without giving opportunity to present the case or consider written submission (memo of appeal, application, additional evidence, written arguments and written counter arguments). My senior citizen mother tried to file an application under CPC 151 for just waiver of cost but registry/filing center refused to take it, we finally tried to submit it via e-mail (copying registry of High Court and Supreme Court) and answered objection by judicial clerk about provsion under which application is filed but still application was discarded at application stage itself. 

1) Does CPC allow selective imposition of cost on one of the appelleants-plaintiffs? 

2) CPC Section 35A allows cost of only Rs. 3000 to be imposed so was PDJ right to impose cost of Rs. 5000 selectively to one of the appellants-plaintiffs?

3) Could we file complaint against registry/filing for not accepting our application in extra-judicial manner?

4) What would be simplest remedy available to get waiver of cost imposed by District Court?

5) Civil Judge (5th one in last 2.5 years) refused to proceed with the regular civil suit referring to cost imposed by district court. Can other appelllant-plaintiff continue perusing the case without participation of appellant-plaintiff on whom cost is imposed while we work on remedy to get unjustly applied cost waived off. 

6) Any other suggestion is welcome. 

Many thanks in advance for your support. 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2024

You cannot refuse to pay the cost ordered by the court. 

If you want to challenge it then you may have to prefer a civil revision petition before high court against the order. 

Nirav   20 September 2024

Sir, thanks for your prompt response, I truly appreciate it. 

Our intention is to find remedy for this unjust order by PDJ to higher judiciary instead of suffering from miscarriage and travesty of justice. We will of course pay if HC/SC feels we are in the wrong to seek ends of justice. 

We just like to get cost of Rs. 20,000 (4 times Rs. 5,000 for MCA) waived off instead of going into 4 seperate revision process. I am thinking of filing petition under 227 so we can just use single proceeding to get cost waived off. Can we combine all 4 MCAs in single revision proceeding to simplify the process?

Please feel to share your valuable comments on it. I would also appreciate if you can answer remaining queries as well. 

PS: We strongly suspect outside political and other influence affecting our case/appeal in Civil and District Court. 5 judges (out of which only one is transferred out)  in 2.5 years in Civil Court and 4 judges for 4 MCA counting condonation of delay in 1.5 years (with PDJ disposing matter in just one hearing) supports our apprehensions. 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register