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KumudBhargava (president)     23 February 2022

Cost on delay in amendment under order 1 rule 10 cpc

My application for deleting 10 out of 12 defendants under order 1 rule 10(2) was allowed, on payment of cost of Rs 1,000. Amendment could not be carried within time allowed, hence more time was given on payment of cost Rs 300. It seems 2nd cost was not paid. Amendment was carried, but my mistake one defendant remained to be deleted. Now court has allowed time to delete remaining defendant by imposing cost of Rs 1,000. Law: 1) Order 1 rule 10 does not talk of amendment, except if defendant is added, rule 10(4); 2) It is only rule 18 of order VI, which talks of failure to amend. There is no concept of cost, but even Supreme Court has levied while allowing amendment. Query: a. Whether amendment is required when defendants are deleted? b. Whether cost could be imposed, while deletion of defendants? c. Whether appeal can be successfully filed against levy of cost in above facts? d. Case law pl    



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