Single-judge order dismissing Civil Revision No. 1367 of 2012. Court held the petition challenging the recovery of `8,000/- cost for condoning delay was frivolous. No illegality found in the lower court's order.
The Civil Revision petition challenging the cost order was dismissed.
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.
Civil Revision No. 1367 of 2012 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1367 of 2012 (O&M) Date of decision: 2.3.2012
Ram Kumar and another
.. Petitioners
v.
Union of India and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Vivek Khatri, Advocate for the petitioners.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 11.11.2011, passed by the learned court below, whereby while entertaining a belated appeal filed by the petitioners and condoning the delay of 185 days in filing thereof, has imposed cost of ` 8,000/-. It is only imposition of cost part, which is impugned in the present petition.
Learned counsel for the petitioners submitted that considering the merits of the controversy, the learned court below, while condoning the delay of 185 days in filing the appeal, should not have imposed the cost, which is quite exorbitant. The petitioners are poor persons.
After hearing learned counsel for the petitioners, I find the present petition to be totally frivolous. The application for condonation of delay of 185 days in filing the appeal was allowed by the learned court below considering the totality of the circumstances and cost of ` 8,000/-
Civil Revision No. 1367 of 2012 [2]
was imposed. This court does not find that any illegality or irregularity has been committed by the learned court below in imposing the cost while condoning the delay of 185 days in filing the appeal.
Accordingly, the present petition is dismissed.
( Rajesh Bindal ) Judge
2.3.2012 mk
2 issues framed by the court
Whether the lower court committed any illegality in imposing cost for condoning delay of 185 days in filing an appeal.
Whether the present challenge to the cost order is maintainable.
Ram Kumar and another
Union of India and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
