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HIGH COURT OF TRIPURA AGARTALA
T. Amarnath Goud, J.
Ashutosh Shil Sharma - Appellant
Versus
Subhashi Shil & Ors. - Respondents
Review Petition No. 08 of 2023
Decided On : 02-02-2023
| Table of Content |
|---|
| 1. background facts of the review petition. (Para 2 , 3) |
| 2. petitioner's financial hardship and argument for reduced cost. (Para 4) |
| 3. court's lenient modification of the cost. (Para 5) |
| 4. final decision to allow the review petition. (Para 6) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. S. Datta, learned counsel appearing for the review petitioner.
2. This review petition is filed by the review petitioner under Section 114 of the Code of Civil Procedure seeking review of the judgment and order dated 06.01.2023 passed by this Court in CRP No.92 of 2022 to reduce the cost amount of Rs.10,000/- to Rs.5,000/-.
3. The background facts of the case, in brief, are that the review petitioner-defendant had filed a petition being CRP No.92 of 2022 under Article 227 of the Constitution of India before this Court for quashing the order dated 27.09.2022 passed in T.S. case No.30 of 2018 by the learned Civil Judge, Junior Division, South Tripura, Belonia. While adjudicating the matter, this Court considered the grievances of the petitioner and allowed the revision petition by setting aside the impugned order dated 27.09.2022 and remanded the matter back to the Court below giving an opportunity to the petitioner to lead evidence by fixing a date on 04.02.2023 but imposed a cost of Rs.10,000/- to be paid to the credit of High Court Employees' Association. Aggrieved thereby, the petitioner has preferred this review petition to reduce the amount of cost. Hence, this case.
4. Mr. S. Datta, learned counsel for the review petitioner, contends that the petitioner is a septuagenarian and he has no income of his own. He also contends that the elder son of the petitioner died a few years back and the other younger son is a day labourer who is the only bread earner of the family consisting of 7(seven) members. Accordingly, he prays for review of the impugned judgment and order dated 06.01.2023 by reducing the amount of cost to the extent of Rs.5,000/-.
5. Having heard the submissions of learned counsel for the review petitioner, this Court taking a lenient view of the matter is of the considered view that imposition of costs of Rs.5,000/- would meet the ends of justice. Accordingly, the review petition is allowed and the amount of costs is modified to the extent of Rs.5,000/-(rupees five thousand only) payable to the credit of High Court Employees' Association. A copy of this order be supplied to the President of High Court Employees' Association.
6. In terms of above, the review petition is allowed and accordingly disposed of.
Pending application(s), if any, also stands disposed of.
The court may review and modify imposed costs based on the petitioner's financial circumstances and justice considerations.
Court reduced imposed costs from Rs.1 lakh to Rs.10,000 considering petitioner's financial difficulty despite no merit in review.
The court established that costs imposed by a Tribunal can be reviewed and set aside if compliance with the Tribunal's orders is demonstrated and the affected party does not insist on the payment.
The court upheld that grounds for review not previously raised do not warrant revisiting of a judgment.
Acceptance of costs under protest creates estoppel, preventing the accepting party from subsequently challenging the correctness of the order associated with those costs.
Review jurisdiction is limited to errors apparent on the record; issues requiring reasoning do not constitute grounds for review.
The court has the discretion to modify the quantum of costs imposed in a civil suit based on the proportionality with the claims sought and the circumstances leading to the delay in producing documen....
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