High Court Of Tripura vs Smti. Subhashi Shil And Others
2023 Latest Caselaw 119 Tri

                                  Page 1 of 3




                       HIGH COURT OF TRIPURA
                             AGARTALA
                           Review Pet. No.08/2023
Shri Ashutosh Shil Sharma
                                                               ----Petitioner(s)
                                       Versus
Smti. Subhashi Shil and others
                                                             -----Respondent(s)

For Petitioner(s)                : Mr. S. Datta, Advocate.
For Respondent(s)                : None.

              HON'BLE THE CHIEF JUSTICE (ACTING)

                                    Order
02/02/2023

Heard Mr. S. Datta, learned counsel appearing for the review

petitioner.

2. This review petition is filed by the review petitioner under

Section 114 of the Code of Civil Procedure seeking review of the judgment

and order dated 06.01.2023 passed by this Court in CRP No.92 of 2022 to

reduce the cost amount of Rs.10,000/- to Rs.5,000/-.

3. The background facts of the case, in brief, are that the review

petitioner-defendant had filed a petition being CRP No.92 of 2022 under

Article 227 of the Constitution of India before this Court for quashing the

order dated 27.09.2022 passed in T.S. case No.30 of 2018 by the learned

Civil Judge, Junior Division, South Tripura, Belonia. While adjudicating the

matter, this Court considered the grievances of the petitioner and allowed

the revision petition by setting aside the impugned order dated 27.09.2022

and remanded the matter back to the Court below giving an opportunity to

the petitioner to lead evidence by fixing a date on 04.02.2023 but imposed a

cost of Rs.10,000/- to be paid to the credit of High Court Employees'

Association. Aggrieved thereby, the petitioner has preferred this review

petition to reduce the amount of cost. Hence, this case.

4. Mr. S. Datta, learned counsel for the review petitioner,

contends that the petitioner is a septuagenarian and he has no income of his

own. He also contends that the elder son of the petitioner died a few years

back and the other younger son is a day labourer who is the only bread

earner of the family consisting of 7(seven) members. Accordingly, he prays

for review of the impugned judgment and order dated 06.01.2023 by

reducing the amount of cost to the extent of Rs.5,000/-.

5. Having heard the submissions of learned counsel for the review

petitioner, this Court taking a lenient view of the matter is of the considered

view that imposition of costs of Rs.5,000/- would meet the ends of justice.

Accordingly, the review petition is allowed and the amount of costs is

modified to the extent of Rs.5,000/-(rupees five thousand only) payable to

the credit of High Court Employees' Association. A copy of this order be

supplied to the President of High Court Employees' Association.

6. In terms of above, the review petition is allowed and

accordingly disposed of.

Pending application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Pulak