Madras High Court
Dr.J.S.Rajkumar vs Mrs.Shyna Paul on 23 July, 2015
Author: M.Duraiswamy
Bench: M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 23.07.2015 CORAM: THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.2982 of 2015 and M.P.No.1 of 2015 Dr.J.S.Rajkumar ... Petitioner Vs. 1.Mrs.Shyna Paul 2.Mr.Thillai Selvan ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair order and decreetal order dated 27.03.2015 passed in I.A.No.21 of 2015 in O.S.No.12123 of 2010 on the file of the XIX Additional Judge, City Civil Court, Chennai. For Petitioner : Mr.S.Geetha For Caveator : Mr.G.Ilamurugu O R D E R
Challenging the fair and decreetal order passed in I.A.No.21 of 2015 in O.S.No.12123 of 2010 on the file of the XIX Additional Judge, City Civil Court, Chennai, the 1st defendant has filed the above Civil Revision Petition. The Revision has been filed only with regard to the cost of Rs.15,000/- imposed by the trial Court while allowing the application to set aside the ex-parte order.
2.The learned counsel for the petitioner submitted that the cost of Rs.15,000/- imposed by the trial Court is very much on the higher side and that a reasonable amount may be fixed towards cost.
3.The learned counsel for the first respondent also fairly submitted that the Court may fix any reasonable amount towards cost.
4.Having regard to the submissions made by the learned counsel on either side, I am of the considered view that the cost of Rs.15,000/- imposed by the trial Court is on the higher side and it can be reduced to a sum of Rs.3,000/-. Accordingly, the order passed in I.A.No.21 of 2015 is modified by directing the petitioner to pay a sum of Rs.3,000/- (Rupees three thousand only) as cost to the first respondent on or before 31.07.2015, failing which, the application shall stand dismissed automatically.
5.The petitioner shall pay the amount of Rs.3,000/- to the learned counsel for the 1st respondent/plaintiff in this Civil Revision Petition before this Court.
6.Since the suit is pending from 2010, I direct the XIX Additional Judge, City Civil Court, Chennai, to dispose of the suit in O.S.No.12123 of 2010, on merits and in accordance with law, within three months from the date of receipt of a copy of this order and report the same to the Registry of this Court.
7.With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Index : No 23.07.2015 Internet : Yes va Note: Issue order copy by 24.07.2015. To The XIX Additional Judge, City Civil Court, Chennai. M.DURAISWAMY,J. va C.R.P.(PD).No.2982 of 2015 and M.P.No.1 of 2015 23.07.2015