Raja (None) 10 July 2014

Order 20a rule 1 and 2

Sir,

In a CMA the interim injunction given by the lower court was set aside and cost imposed on the respondent.

My questions

1) Can the respondent file wakalat to appear in the OS without paying the cost

2) In what mode does the respondent have to pay the cost and in which court that is in the court in which the CMA was held or in the court where the OS is filed

3) Is an execution petition required to obtain the cost from the respondent ?

4) under which section of CPC such recovery of costs is covered?

Reply Follow

2 Replies

adv.raghavan (Advocate,9444674980) 12 July 2014

Your first questing is vague. 2, He/she have to pay cost to the other side and not to the court 3, Failure to pay costs directed by high court, action can be initiated under section 35B of cpc.

Raja (None) 23 July 2014

Sir,

An interim injunction was passed by Munisiff court and we had put a appeal i.e. CMA in Sub Court. The Sub Court set aside the interim order passed by the Munisiff court and Dismissed the I.A. and imposed cost on the Applicant(Plaitiff) in the Original O.S and directed the lower court to complete the case in 6 months.

The Plaintiff(in original O.S.) has not payed the cost to us.

My question can the munisiff court where the O.S is on allow the plaintiff to continue in the O.S. without payment of cost imposed on him in the CMA?

Please quote a case judgement if possible.

Thanking You