The court heard a writ petition seeking quashing of costs imposed for a clerical mistake in an amendment application. The court held the petition was material and without notice, quashed the cost of Rs. 2,500.
The order imposed of cost of Rs. 2,500 upon the petitioner is hereby quashed.
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HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 999 of 2015
Nishchal Singh S/o Late Sardar Mehar Singh, Aged About 65 Years R/o Gurudwara Road, Takhatpur, Tahsil Takhatpur District Bilaspur Chhattisgarh, Present Address, Bajarang Nagar, Ward No. 9, Takhatpur, Tahsil Takhatpur, District Bilaspur Chhattisgarh....................( Plaintiff)
---- Petitioner
Versus
---- Respondents
Shri Rishi Rahul Soni, counsel for the petitioner. Shri Lav Sharma, Panel Lawyer for the State/respondent No.2.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board
01.12.2015
Heard.
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2. On behalf of the petitioner, it is submitted that the matter may be
disposed of even without noticing the respondents as the petitioner has filed in the instant petition against the order dated 16.6.2015 wherein while allowing an application filed by the petitioner under Order 6 Rule 17 of the CPC, cost of Rs.2,000/- and Rs.500/-, in total Rs.2500/-has been imposed upon the petitioner/ plaintiff. It is submitted on behalf of the petitioner that amendment sought was material for the adjudication of the matter though the amendment is in relation with clerical mistake only and it is prayed on behalf of the petitioner to correct the said clerical mistake. Though he has filed amendment application lately, looking to the nature of the amendment and documents filed essentially for the adjudication and the matter, bonafide mistake committed by the petitioner may be condoned and the cost imposed be quashed.
3. On due consideration, looking to the facts of the petition, the petition is liable to be heard and disposed of finally at the motion stage itself.
4 . Perused the impugned order passed by the Court below and the grounds taken in the petition for quashment of the cost imposed. Prayer made in this behalf by the petitioner seems to be appropriate. Hence, the cost imposed against the plaintiff/petitioner by the Court vide order dated 16.6.2015 requires interference. Consequently, order of the cost imposed upon the petitioner/plaintiff is hereby quashed.
5 . The petition is disposed of accordingly. No order as to cost.
Sd/(Chandra Bhushan Bajpai) JUDGE
Bini
1 issue framed by the court
Whether the cost imposed under Order 6 Rule 17 of CPC for a bonafide clerical mistake in an amendment application should be quashed.
1 provisions across 1 enactments
Nishchal Singh
Bhupendra Singh
State Of Chhattisgarh
Satpal Singh
Smt. Satnam Kaur
Jaspal Singh
Chandra Bhushan Bajpai
As recorded by the court registry
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