Chavinath Tiwari vs Meera Devi
2022 Latest Caselaw 9136 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5957 of 2022
 

 
Petitioner :- Chavinath Tiwari
 
Respondent :- Meera Devi
 
Counsel for Petitioner :- Satyendra Nath Tiwari,Abhishek Mishra
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner.

The present petition has been filed challenging the order dated 12.7.2022 passed by the Additional Principal Judge, Family Court, Court No.03, District Deoria whereby the Family Court has allowed the application of the petitioner / plaintiff to file his affidavit in evidence on a cost of Rs.20,000/-. The cost has been imposed by the Family Court on the ground that the petitioner had deliberately delayed filing of the aforesaid affidavit.

In view of the judgment dated 9.1.2009 passed by the Supreme Court in Special Leave Petition (Civil) Nos. 30991 to 30992 of 2008 (Ashok Kumar Mittal vs. Ram Kumar Gupta & Anr.), the cost imposed by the Family Court appears to be unjust.

In view of the aforesaid, the petition is allowed and the order dated 12.7.2022 so far as it imposes a cost of Rs.20,000/- on the petitioner is modified and the cost payable by the petitioner is reduced to Rs.3,000/-.

The order has been passed without issuing any notice to the respondent as the cost imposed on the petitioner / plaintiff were not payable to respondent / defendant but was payable to the District Legal Services Authority.

With the aforesaid direction, the petition is allowed and the order dated 12.7.2022 is modified to the extent stated above.

Order Date :- 3.8.2022

Satyam