The Court upheld the High Court Single Judge's dismissal of a correction petition filed under Article 227 and Section 152 CPC as an abuse of process but set aside the costs of Rs.50,000/- awarded against the appellant.
The order under appeal setting costs of Rs.50,000/- is set aside and the appeal is disposed of.
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OM PRAKASH THAKUR ..... Appellant Through: Mr.Rajesh Kr.Gupta, Adv. with Mr.Sachin Garg, Adv.
Versus
RAJ KUMAR ..... Respondent
Through: None.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.P. VAISH
%
O R D E R 11.03.2016
C.M.No.8838/2016 (exemptions)
Allowed subject to all just exceptions.
LPA No.157/2016
LPA 157/2016
Pg.1 of 2
the date of filing the said application, the defendant’s appeal against the judgment and decree in the suit was also dismissed. Having taken note of the facts and circumstances of the case, the learned ADJ dismissed the application with costs of Rs.5,000/- observing that the application is a belated attempt on the part of the plaintiff to overreach the judgment and decree dated 06.05.2011 and that the application is totally mischievous.
CHIEF JUSTICE
V.P. VAISH, J
MARCH 11, 2016/ ‘anb’
LPA 157/2016
Pg.2 of 2
2 issues framed by the court
Whether the impugned order dismissing the correction petition as an abuse of process suffered any error of fact or law warranting interference.
Whether the costs of Rs.50,000/- imposed by the High Court on the appellant ought to be afresh examined.
2 provisions across 2 enactments
OM PRAKASH THAKUR
RAJ KUMAR
V.P. VAISH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
