Petitioner challenged the trial court's order awarding costs for belated withdrawal from a peremptory hearing due to typographical errors. The High Court bench dismissed the writ petition, holding interference was unnecessary as petitioner was not diligent.
Dismissed the application challenging the order of payment of cost; no other relief granted.
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14-08-2023 Court No.3
bm/mg/54.
In The High Court At Calcutta Jalpaiguri Circuit Bench
C.O. 56 of 2023 WITH IA No. CAN 1 of 2023
MAMATA GOSWAMI Vs. DILPALI SHIL AND ORS.
Mr. Nabankur Paul
Mr. Abhishek Sarkar Mr. Sagnik Bhowmick … for the OP.
The challenge herein is the Order dated 4.5.2023 whereby the application of the petitioner filed under Order VI Rule 7 of the Code of Civil Procedure was allowed with cost of Rs.5,000/-. Apart from this the trial Court also awarded cost of Rs.1,000/for withdrawal of the suit from peremptory board.
The petitioner’s grievance is Order of payment of cost. On perusal of the annexures it appears that the suit was fixed for peremptory hearing and at that time some minor typographical errors were noticed by the plaintiff/ petitioner. Had the petitioner
2
been duly diligent, such errors could have been detected much earlier. But it is for this belated application and taking away matter from such peremptory board, such cost was imposed.
Interference is not called for.
Accordingly, the application stands
dismissed on merit.
(SUGATO MAJUMDAR, J.)
2 issues framed by the court
Whether the High Court could interfere with the trial court's order imposing costs for belated withdrawal from peremptory hearing.
Whether typographical errors noticed belatedly justify imposing costs under Order VI Rule 7 CPC.
1 provisions across 1 enactments
Mamata Goswami
Dipali Shil
Ors.
Sugato Majumdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
