Remal Dass Dudeja v. Santosh Mehalawat & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 516/2017 REMAL DASS DUDEJA ..... Petitioner Through:

Petitioner in person.

versus SANTOSH MEHALAWAT & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 08.05.2017 CM Nos.17384/2017 & 17385/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application are disposed of.

CM(M) 516/2017 1.

The petitioner has invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 16th February, 2016 whereby the learned Trial Court, while allowing his application under Order VII Rule 14 CPC, imposed a cost of Rs.4500/- on him, out of which Rs.2500/- was to be paid to NDLSA and Rs.2000/- was to be paid to the defendants/respondents.

2.

Petitioner, who is pursuing his case in person, is present and submits that he is restricting his prayer to the extent that the total cost of Rs.4500/- imposed by the learned Trial Court vide order dated 16th February, 2016 CM(M) 516/2017

being harsh on him in view of his poor financial condition, may be reduced. 3.

In view of submissions made by the petitioner and considering that the documents sought and allowed to be placed on record by the petitioner are certified copies of the judicial proceedings, out of the total cost of Rs.4500/-, the cost of Rs.2500/- which was ordered to be paid to NDLSA is waived. However, cost of Rs.2000/- ordered to be paid to the respondents/defendants is maintained.

4.

The cost of Rs.2000/- shall be paid by the petitioner to the respondents/defendant on the next date of hearing fixed before the learned Trial Court, subject to which the documents sought to be placed on record, shall be taken on record.

5.

It is made clear to the petitioner that if cost of Rs.2000/- is not paid on the next date of hearing fixed before the learned Trial Court, this petition shall stand dismissed.

6.

Petition stands allowed in above terms.

7.

A copy of the order be sent to the concerned Court for information and compliance.

8.

As prayed, a copy of the order be also given dasti to the petitioner. PRATIBHA RANI, J.

MAY 08, 2017 'st'

CM(M) 516/2017