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TUSHAR RAO GEDELA
Arun Khanna – Appellant
Versus
Arun Batra – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's imposition of costs. (Para 1) |
| 2. claim of original title deeds production. (Para 2 , 3) |
| 3. dispute over possession of title documents. (Para 4 , 6) |
| 4. court's reasoning on cost waiver. (Para 7) |
| 5. court's decision quashing imposed costs. (Para 8 , 9) |
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[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.
A court should exercise discretion in imposing costs, especially when initial circumstances change and the claims of the parties are vindicated.
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.
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.
The court has the discretion to modify costs imposed, and expeditious disposal of suits may be requested in consideration of relevant circumstances.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
Costs must be proportionate to the amount of the modified decree in execution proceedings; excessive claims beyond the modified amount are impermissible.
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....
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