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IN THE HIGH COURT OF DELHI
Tushar Rao Gedela, J.
Gulshan Khanna - Appellant
Versus
Bharat Kalra - Respondent
CM(M) 870 of 2022
Decided On : 21-12-2022
| Table of Content |
|---|
| 1. exemption granted in legal proceedings. (Para 1 , 2) |
| 2. discussion on costs related to written statements. (Para 3 , 4) |
| 3. court modifies order regarding costs and directives. (Para 5 , 6 , 7 , 8 , 9) |
| 4. final order disposing the petition. (Para 10) |
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM No.37498/2022 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 870/2022
3. Learned counsel appearing for the petitioner submits that he does not object to the written statement being taken on record, subject to adequate cost to be imposed upon respondent.
4. Learned counsel appearing for the respondent submits that the cost imposed may be reasonable.
5. In addition to the cost which has been imposed by the learned Trial Court, interest of justice would be sub-served, if a further cost of Rs.10,000/- is imposed upon the respondent, to be paid to the petitioner within two weeks from today.
6. The impugned order is modified to that extent.
7. The written statement is directed to be taken on record.
8. Replication, if any, may be filed within the next four weeks.
9. The learned Trial Court to proceed in accordance with law, upon receipt of this Order.
10. The petition along with pending application is disposed of in the above terms.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
The procedure is a handmaid to justice, and the court may permit the parties to file the written statement on compensatory costs, as held in relevant judgments and based on the provisions of the Code....
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
Trial Courts should consider a lenient view for completion of pleadings, especially regarding the filing of written statements beyond the stipulated period, as reiterated by the Supreme Court in prev....
The main legal point established in the judgment is that the time schedule in Order VIII Rule 1 of the CPC is to be followed as a rule, and departure therefrom would be by way of exception, permittin....
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 emphasized expediency and the pending nature of the suit in reaching its decision.
The delay in filing written statements should not include the time spent in pursuing legal remedies, and the court may allow written statements to be taken on record subject to the payment of reasona....
The court upheld the necessity for timely evidence submission while allowing one last opportunity for the petitioner, emphasizing procedural diligence.
The court affirmed the principle that discretionary orders regarding costs by lower courts should not be interfered with unless shown to be excessive or unjust.
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