erronious order of the court.
basavaraj shiromani
(Querist) 29 February 2012
This query is : Resolved
A suit for partition filed in 2011. Plaintiff's Chief was completed by filing evidence affidavit. Case was posted for cross examination on a particular date. On the day, the plaintiff or his counsel not present before the court. Defendant's counsel was present. The court sue motto passed an order imposing cost of Rs: 1000 on the plaintiff to deposit the same in Bar Association. Whether the court can pass order to deposit the cost amount in unconcerned party with this case. If plaintiff refused to deposit the same on the grounds of erronious order and he is ready to pay the cost to defendant if he caused inconvenience. he is also ready to pay the same even to court also. What will be the cousenquences. Whether the court can rectify its erronious order by oral submission or review application is to be moved
V R SHROFF
(Expert) 29 February 2012
[1]Order to impose cost was passed: is one fact, and as you say , it is justified. You have no dispute for cost. it is OK
[2] Coming to 2nd Point to whom to Pay,
(a)if to def or his adv or to court, u have no obj.
(b)The Opposite adv , instead of receiving himself or for def, must have suggested that it may go to BAR, for benefit of all the Advocates. it is a welcome decision of opposite adv, and you should accept it.
(c) By all means , to pay BAR is not harming you, and no reason for you to be aggrieved.
So Pay. [Though a little abnormality, ] do not object, if money goes for better cause.
If you so desire, you may object it, and court will order to pay it to Defendant. and he will get direct benefit. You or your Plaintiff personally don’t get anything by doing so.
Kirti Kar Tripathi
(Expert) 29 February 2012
Under what circumstances the said order was passed and what is reasoning in the order ? Unless the contents of order is not disclosed, it can not be decided that order is erroneous. However, you can pray for recalling or modification of order.
Adv.R.P.Chugh
(Expert) 29 February 2012
Costs are always paid to a party as a money recompense for the costs that the aggrieved party had to incur - as he had to contest the claim finally adjudicated in his favour.
Costs are awarded under the CPC u/ss 35/35A/35B.
Normal Rule is costs are an indemnity and never more than an indemnity however courts have been awarding compensatory costs as well.
Awarding costs to non party is alien to S.35/35A/35B hence most probably the order is u/s 151 CPC, you can challenge the same as it has been reiterated by courts time and again that 151 CPC has to be put into action in absence of express provisions in that behalf, or to make express orders effective, not to bypass the express provisions. However it would be weak challenge - won't succeed (from experience)
Shantilal Pandya
(Expert) 29 February 2012
The court cannot pass an order to pay cost to Bar Association as the payment of cost is to compensate the person who is inconvenienced by condoning the absence of the plaintiff for cross examination
payment to Bar Association at he cost of the defendant is hardly serving the purpose of imposing cost,
Everybody including the courts should amend the mistake suomotu
prabhakar singh
(Expert) 29 February 2012
It is a wrong order.
you can ask the court to recall the order or can file revision as the order is bad in law.Cost is allowed to compensate the opposite party expenses and trouble and it is not honorarium award for any body else.
venkatesh Rao
(Expert) 29 February 2012
It is erroneous order in part. So far as imposition of cost, it is correct and ordering to deposit at BAR is without jurisdiction. Court is not sitting to prosper the bar. If the cost imposed as per law to compensate the other party while adjourning the case, what is use to him if the fruits of the order not reaches a person whom the law intended to?
You may file an application u/s 151 CPC to recall that portion of the order directing to deposit in BAR.
