IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1693 of 2025 Satyabrata Das ..... Petitioner Represented by Adv. – Mr. Bhagaban Mohanty -versus-

Rajashree Roy and others ..... Opposite Parties CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.02.2026 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard the learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

3. By filing the CMP application under Article 227 of the Constitution of India, the Plaintiff-Petitioner has approached this Court challenging the order dated 01.08.2025 passed by the learned Civil Judge (Senior Division), Basudevpur in C.S. No.59 of 2024.

4. By virtue of the impugned order, the trial court, vide order dated 01.08.2025 at Annexure-4, while allowing the Order-1 Rule- 10 of C.P.C. application filed by the Plaintiff-Petitioner, has directed the Plaintiff-Petitioner to pay a cost of Rs.20,000/- to the Government.

5. On perusal of the plaint, it appears that the Government is not the Defendant in the suit though there are several private Opposite Parties. Moreover, the suit, out of which the present CMP application arises, is a suit for partition.

6. Learned counsel for the Petitioner, at this juncture, submitted that although the Plaintiff-Petitioner has arrayed all the co-sharers as Defendants to the suit, however, some of the co- sharers were left out. He further contended that certain typographical error had occurred which the Plaintiff-Petitioner wanted to correct by filing an application under Order-1 Rule-10 of C.P.C. before commencement of the trial. He further contended that the co-sharers, who were sought to be added as Defendants in the suit, are the necessary parties to the suit. Although the learned trial court allowed the application under Order-1 Rule-10 of C.P.C., however, a cost of Rs.20,000/- was imposed, which was to be paid to the Government. Such imposition of cost was seriously objected to by the learned counsel for the Petitioner.

7. On a careful consideration of the order dated 01.08.2025 at Annexure-4, this Court found that the suit is for partition and that the Government is no way connected to the suit. However, while allowing the application under Order-1 Rule-10 of C.P.C., learned Civil Judge (Senior Division), Basudevpur has directed payment of cost of Rs.20,000/- to the Government. On a careful consideration of such direction for payment of cost, this Court is of the view that the same appears to be contrary to the established legal principles.

8. Further, this Court is of view that a cost is generally imposed to compensate the party to the suit for delay and laches of the contesting adversial party. In the present case, a direction has been given to the Plaintiff-Petitioner to pay cost to the Government, who is not even a party to the suit. Such direction, according to this Court, is unsustainable in law.

9. In view of the aforesaid position, this Court deems it proper to dispose of the CMP application by granting liberty to the Petitioner to move an application before the trial court for variation of order dated 01.08.2025 at Annexure-4, so far as the payment of cost of Rs.20,000/- to the Government is concerned. In the event any such application is filed, the same shall be considered and disposed of within a week from the date of filing such application. It is further made clear that the learned trial court shall accordingly extend the time to comply with the order dated 01.08.2025 by the Plaintiff-Petitioner.

( A.K. Mohapatra)

Judge Debasis Signature Not Verified Digitally Signed

Signed by: DEBASIS AECH

Reason: Authentication

Location: ORISSA HIGH COURT

Date: 18-Feb-2026 18:08:44