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TUSHAR RAO GEDELA
Shiv Kumar – Appellant
Versus
Satish – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 28464/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 894/2023
3. Ms. Pooravashi Kalra, learned counsel appears for the petitioner and submits that the only relief that the petitioner seeks in the present petition, is restricted to setting aside of the costs of Rs.15,000/-, which was imposed upon the plaintiff.
4. The petitioner was stated to have been taking care of a family member and on that account the petitioner could not be present before the learned Trial Court.
5. Mr. Singh, learned counsel appearing for the respondent Nos. 1 and 2 submits that the order is complete in all respects and a detailed one and keeping in view the past conduct of the petitioner, is sustainable in law.
6. This Court has considered the submissions of the learned counsel for the parties and it appears that the imposition of costs of Rs.15,000/- in the present case is onerous.
7. Accordingly, the imposition of costs are set aside, without any objections on merits.
8. In view of the above terms, the present petition is disp
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.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
Exorbitant costs cannot be imposed as a condition for setting aside an ex-parte order in maintenance cases.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
A court's discretion to award costs must be based on clear justification; costs awarded without reasons are unsustainable.
The court maintains discretion in imposing costs in setting aside ex parte judgments, with considerations for delay and securing decree amounts clarified.
The court has the discretion to impose additional costs and give directions to the parties and the Trial Court in the interest of justice.
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