A writ petition under Articles 226 and 227 of the Constitution challenged the imposition of duty and penalty under Order 13 Rule 8 CPC. The Court dismissed the petition, finding sufficient reliance on precedents establishing the absence of discretionary power to levy such penalties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
DATED THIS THE 24TH DAY OF FEBRUARY 2015
BEFORE
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT PETITION NO.200668/2015 (GM-CPC)
BETWEEN:
Peerpasha S/o Shamshoddin Gachimahal Age: 43 years, Occ: Agriculture & Business, R/o Yogapur Colony, Bijapur-586101.
... Petitioner
(By Sri Ashok S.Kinagi, Advocate)
AND:
Ibrahimsab S/o Nabisab Shirgur Deceased by LRs
2
R/o Golibar Madi, Behind Madina Masjid, Sindagi, Tq. Sindagi Dist: Bijapur-586101.
3
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue order or writ or direction in the nature of certiorari quashing order on I.A.No.3 dated 27.11.2014 passed in O.S.No.124/2010 by the 1st Addl. Senior Civil Judge, Bijapur i.e. Annexure-E and consequently reject the I.A.No.3.
This petition coming on for preliminary hearing this day, the Court made the following:
ORDER
Levying duty and penalty under Order 13 Rule 8 of CPC is challenged by the plaintiff in this petition. It is submitted that the Civil Court has got jurisdiction to levy the duty and penalty.
4
with the impugned order. Accordingly, the petition is
dismissed.
Sd/-
JUDGE
swk
1 issue framed by the court
Whether the High Court should interfere with the trial court's order levying duty and penalty under Order 13 Rule 8 of CPC.
1 provisions across 1 enactments
Peerpasha
Ibrahimsab S/o Nabisab Shirgur Deceased by LRs
L. Narayana Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
