Partly allowed

Durganath Tiwari @ Durga Tiwar v. Rameshwar Sharma and Ors.

Patna HC1 Oct 2012CWJC/803/2012

Case brief

AI extract

What is this about?

Petitioners in this civil writ petition challenged the trial court's order allowing cross-examination subject to payment of Rs. 2,000 per witness. The High Court modified the cost requirement to a lump sum of Rs. 2,000 to the respondents, considering the suit valuation.

What did the court decide?

The order dated 08.05.2009 requiring defendants to deposit Rs. 2,000 per witness for cross-examination is modified to require a lump sum deposit of Rs. 2,000 payable to plaintiff-respondents.

Durganath Tiwari @ Durga Tiwar Vs Rameshwar… — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.803 of 2012

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======================================================

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Durganath Tiwari @ Durga Tiwari 2. Gaya Tiwari

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Arun Tiwari

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All sons of late Bengali Tiwari, resident of village-Bazidpur, P.O. Bazidpur, P.S. Vidyapatinagar, District-Samastipur .... .... Petitioner/s

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Versus

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1. Rameshwar Sharma 2. Kameshwar Sharma 3. Tuleshwar Sharma 4. Hiteshwar Sharma 5. Dilip Kumar Sharma

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All sons of late Ram Lakhan Sharma, resident of village-Bazidpur, P.O. Bazidpur, P.S. Vidyapati Nagar, District-Samastipur 6. Amarnath Dube, S/o late Ramswarup Dube

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Umakant Dube, S/o late Bangali Dube 8. Sachidanand Dube, S/o late Bangali Dube 9. Chandra Kant Dube, S/o late Bangali Dube 10. Mohan Dube, S/o late Bangali Dube All resident of village-Bazidpur, P.O. Bazidpur, P.S. Vidyapati Nagar, District-Samastipur

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Baleshwar Sharma, S/o late Ram Lakhan Sharma, resident of villageBazidpur, P.O. Bazidpur, P.S. Vidyapati Nagar, District-Samastipur 12. Vidya Tiwari 13. Satyanarain tiwari 14. Shyama All sons of late Badri Tiwari, resident of village-Bazidpur, P.O. Bazidpur, P.S. Vidyapati Nagar, District-Samastipur .... .... Respondent/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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6 01-10-2012 Heard Mr. Krishna Kumar Singh, learned counsel appearing on behalf of the petitioners.

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Though served the plaintiff-respondents have not chosen to appear.

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The petitioners are aggrieved by the order dated 08.05.2009, whereby their prayer for cross-examination of the plaintiff

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Patna High Court CWJC No.803 of 2012 (6) dt.01-10-2012

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witnesses has been allowed subject to payment of cost of Rs. 2,000/- per witness examined.

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Learned counsel for the petitioners submits that the suit is valued at Rs. 31,000/- and that the order if allowed to continue would entail the defendants with a penalty of Rs. 10,000/- as there are five plaintiff witnesses for cross-examination. He thus submits that considering the valuation of the suit, the cost awarded is unjust and excessive and may be appropriately modified.

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Having heard learned counsel for the petitioners and having perused the materials on record as also taking into consideration the fact that the quantum of cost may prevent the petitioners from their legal right of cross examination of the plaintiff witnesses, the order dated 08.05.2009 of the trial court stands modified, now requiring the defendant-petitioners to deposit a lump sum cost of Rs. 2,000/- payable to the plaintiff-respondents in the court below for cross examination of the plaintiff witnesses and which should be deposited within two weeks’ of the receipt/production of copy of this order before the court below.

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Thus application is allowed.

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(Jyoti Saran, J)

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S.Sb/-

Durganath Tiwari @ Durga Tiwar v. Rameshwar Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Durganath Tiwari @ Durga Tiwar v. Rameshwar Sharma and Ors.

Case brief

What is this about?

What did the court decide?

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