Ajit Kar vs Ram Pratap & Ors.
2014 Latest Caselaw 5151 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         C.M.(M) No.924/2014

%                                                      14th October, 2014

AJIT KAR                                                    ......Petitioner
                          Through:       Petitioner in person.



                          VERSUS


RAM PRATAP & ORS.                                        ...... Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.16981/2014 (condonation of delay)

1. For the reasons stated in the application, delay of three days in

filing the petition is condoned.

C.M. stands disposed of.

C.M. No.16982/2014 (exemption)

2. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

+ C.M.(M) No.924/2014

3. Powers under Article 227 of the Constitution of India are

extraordinary powers and discretionary powers. Powers under Article 227

of the Constitution of India are meant to be exercised when a grave injustice

is caused by an order passed by the court below. Powers under Article 227

of the Constitution of India are not meant to be invoked and exercised where

challenge is only to imposition of costs of Rs.2,000/-.

4. The present petition is filed by the plaintiff in the suit

challenging various orders, and which culminated in the order dated

15.5.2015 by which the trial court has refused to recall the order dated

4.3.2014 by which costs of Rs.2,000/- were imposed upon the

petitioner/plaintiff on account of seeking an adjournment claiming that he

was admitted to AIIMS hospital on that date. Impugned order deals with the

aspect of overwriting in the bills of AIIMS which are filed and also notes

that petitioner/plaintiff failed to file the discharge summary in the court as

regards his admission and discharge from AIIMS hospital.

5. Whatever be the factual issues, in my opinion, powers under

Article 227 of the Constitution of India are not meant to be invoked and

exercised once trial court takes a possible and plausible view by reading of

the medical papers and holding that since there is overwriting, the same

cannot be considered. High Court, sitting in jurisdiction under Article 227

of the Constitution of India, is surely not expected to examine issues of

imposition of costs of an amount of Rs.2,000/- which is imposed upon the

petitioner/plaintiff on account of an adjournment being caused in the suit

filed by the petitioner/plaintiff himself.

6. Dismissed.

VALMIKI J. MEHTA, J OCTOBER 14, 2014 Ne