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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Ohrien Global Immigration Consultancy (OGIC) – Appellant
Versus
Northern Broadcasting News Agency Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to the order of costs. (Para 1) |
| 2. merit of petition challenged due to acceptance of costs. (Para 2) |
| 3. acceptance of costs bars subsequent challenge. (Para 3) |
| 4. petition disposed of. (Para 4 , 5) |
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present revision petition, challenge has been laid to an order dated 05.05.2023 passed by the ld. First Appellate Court-cum- Additional District Judge-V, Jalandhar, whereby, an application preferred under Section 5 of the Indian Limitation Act, 1963, at the instance of respondents (appellants before the Court below) was allowed, subject to payment of costs of Rs.20,000/-.
2. Learned counsel for the respondents submits that the amount of costs was accepted by the petitioners (respondents before the ld. First Appellate Court), and in such circumstances, the present petition cannot be entertained on merits.
3. Having heard learned counsel for the parties and upon perusal of the subsequent order dated 31.05.2023 passed by the Court of ld. Additional District Judge, Jalandhar, it can be discerned that the cost of Rs.20,000/- was accepted by the petitioners herein (respondents before the First Appellate Court) and as such, in vi
Acceptance of costs under protest creates estoppel, preventing the accepting party from subsequently challenging the correctness of the order associated with those costs.
A petitioner cannot file a petition after accepting costs paid by the respondent without disclosing this fact, and the Trial Court's exercise of discretion in condoning the delay in filing the applic....
A court may set aside earlier orders if causes for delays in payment are justified, ensuring respondents are compensated appropriately.
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....
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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