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TUSHAR RAO GEDELA
Arun Khanna – Appellant
Versus
Arun Batra – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
1. Vide the present petition, the petitioner challenges the order dated 18.02.2020, whereby while dismissing two applications of the petitioner, the learned Trial Court imposed a fine of Rs. 5,000/- as costs.
2. Ms. Khanna, Special Power of Attorney (SPA) for the petitioner submits that all that the petitioner had sought besides the other documents, was the original title deeds which were handed over to the respondent by the petitioner.
3. Ms. Khanna submits that in the compliance affidavit filed in pursuance of the application under Order XII Rule 8 CPC, 1908, initially, the respondent had taken a stand that the original title documents are not in his possession. However, subsequently, he had produced the original title documents which was noted by the learned Trial Court vide its order dated 26.02.2020.
4. The cost which was imposed upon the petitioner, were for the reasons that the petitioner was insisting that the respondent was in possession of the original title deeds and the respondent had refused. This stood vindicated vide the noting made in order dated 26.02.2020, whereby the respondent who
The court may quash costs imposed by the trial court if it finds that the respondent has produced the original title documents, vindicating the petitioner's insistence on their possession.
A court should exercise discretion in imposing costs, especially when initial circumstances change and the claims of the parties are vindicated.
Lack of diligence and vigilance in producing crucial documents can lead to the rejection of an application to place them on record, and the absence of reference to such documents in the written state....
Procedural diligence in presenting evidence is critical; failure to timely submit essential documents warrants upholding the Trial Court’s decision to deny late evidence.
The court has the discretion to set aside the imposition of costs if it deems them to be onerous, considering the circumstances of the petitioner.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
The court allows a writ petition directing tax authorities to return a title deed or confirm its loss, clarifying obligations under statutory procedures.
Documents submitted as evidence must be original or certified copies to be admissible in court, as per the provisions of the C.P.C.
Non-payment of costs and non-production of documents relied upon in the written statement can lead to the striking off of the defence as per the provisions of Section 35-B CPC and Order 8 Rule 1 A CP....
The court has the discretion to modify costs imposed, and expeditious disposal of suits may be requested in consideration of relevant circumstances.
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