AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner is defending a suit before the learned Trial Court and, though, his written statement, which was filed belatedly, has been permitted to be taken on record, he has also been burdened with a cost of Rs. 30,000/-.
The only prayer in the present petition is that, either the cost may be completely waived or suitably reduced.
It is submitted that the defendant is suffering from cancer and, therefore, it will be difficult for him to arrange for the abovesaid cost.
Ms. Vasudha Mehta, daughter of deceased plaintiff has joined the proceeding through video conferencing.
This Court has heard both the parties.
By filing the present petition, the petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of Constitution of India. Such jurisdiction needs to be invoked only when there is some perversity or illegality in the order. Merely because such cost is excessive, petitioner does not got any right to invoke such jurisdiction.
This Court can interfere in the matter only if the cost found to be completely unconscionable, which does not seem to be a case here as the delay in filing the written statement was also found to be of 146 days.
Keeping in mind the abovesaid aspect of the case, this Court does not find any compelling reason to interfere with the impugned order.
However, keeping in mind the overall facts and circumstances of the case, the abovesaid cost may be cleared within six weeks from today.
Petition stands disposed of in aforesaid terms.
A copy of this order be also sent by Registry to learned Trial Court for information.