The Gauhati High Court reduced the cost imposed on the petitioner from Rs. 50,000 to Rs. 10,000 for delay in applying for fingerprint examination of a sale deed. The original order was set aside to the extent of the reduced amount.
Cost of Rs. 50,000 imposed in an order dated 03.01.2020 was reduced to Rs. 10,000; the order set aside to that extent.
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GAHC010019982020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(I/O) 32/2020
1:HABIA KHATUN
W/O- LATE MATU BEPARI, R/O- VILL- KHANDAPARA, MOUZA JANIA, DISTBARPETA, ASSAM
VERSUS
1:HASEN ALI
S/O- LATE MUSA MIA, R/O- VILL- SIDHURI, MOUZA- JANIA, P.O- JANIA, DIST- BARPETA, ASSAM, PIN-
Advocate for the Petitioner : MR. N HAQUE
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-02-2020
Heard Mr. N. Hoque, learned counsel for the petitioner, who submits that while
the petitioner’s prayer for sending the Katcha sale deed (exhibit-2) to the State Finger Print Bureau, Ulubari, Guwahati for examination has been allowed, the petitioner has been imposed cost of Rs. 50,000/- in terms of the Order dated 03.01.2020 passed in
Title Suit No. 15/2016. The petitioner’s only prayer in the present petition is for a reduction of the amount of cost imposed upon the petitioner as the cost of the suit
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land is only Rs. 7,25,000/-
On considering the prayer made by the counsel for the petitioner, this Court finds that though the learned Trial Court has not given any specific reason for imposing cost of Rs. 50,000/- upon the petitioner, it is quite clear that the same has been done due to the delay on the part of the petitioner, in applying for examination of the Katcha sale deed by the State Finger Print Bureau, Ulubari at the stage of argument.
This Court is of the view that the basis for imposition of cost upon the petitioner on the above ground is reasonable. However, the quantum of cost imposed upon the petitioner seems to be slightly high.
In view of the above, the cost of Rs. 50,000/- imposed upon the petitioner vide the impugned Order dated 03.01.2020 passed in Title Suit No. 15/2016 is reduced to Rs. 10,000/-. Consequently, the Order dated 03.01.2020 passed in Title Suit No. 15/2016 is also set aside, to the extent it has imposed cost of Rs. 50,000/-.
The Revision Petition is accordingly disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the quantum of cost imposed upon the petitioner for delay in applying for examination of Katcha sale deed should be reduced.
Whether the impugned order imposing cost of Rs. 50,000 in Title Suit No. 15/2016 should be set aside to the extent of said amount.
HABIA KHATUN
HASEN ALI
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
