Santosh Kumar Jain vs Shrimandir Das Jain And Ors.
2006 Latest Caselaw 371 Del

JUDGMENT

R.S. Sodhi, J

1. This petition seeks to challenge the order of the Civil Judge, Delhi dated 27.7.2005, whereby the learned Judge has dismissed the application of the petitioner herein under Section 151 CPC challenging the compromise arrived between the parties on 27.3.2004 and imposed a cost of Rs. 10,000/- on the petitioner to be paid to plaintiff No.1 as also to earlier counsel for defendants, Mr.R.N.Oberoi, in equal sums, that is, Rs.5000/- each.

2. Petitioner is primarily aggrieved of the costs that have been imposed on him. He submits that Plaintiff No.1 was served on the day when the arguments were heard and the order pronounced. Therefore, according to him, he is not entitled to costs. He further submits that the learned Judge went wrong in awarding cost to earlier counsel for the defendant, Mr.R.N.Oberoi, when he is not a party to the proceedings.

3. Heard petitioner in person. No doubt awarding of cost is a discretion given to the Court under Section 35 of the Code of Civil Procedure, however, the same is not to be exercised arbitrarily. The Court went wrong in awarding Rs. 5000/- to earlier counsel for defendant, Mr.R.N.Oberoi, who is not a party to the proceedings. I accordingly modify the order under challenge to the extent that no costs are payable to Shri R.N.Oberoi, the earlier counsel for the defendant.

4. With this modification, CM(M) 2168/2005 stands disposed of. CM APPL.13347/2005 also stands disposed of.