ASHOK KUMAR MITTAL versus RAM KUMAR GUPTA & ANR.

ASHOK KUMAR MITTAL versus RAM KUMAR GUPTA & ANR.

Even though the order of the High Court imposing exemplary costs may not strictly conform to the limitations set by sections 35 and 35A of the Code of Civil Procedure, the Supreme Court does not interfere in exercise of jurisdiction under Article 136 since no injustice has resulted and both sides were held guilty of false deposition.

Parties
Petitioner: Ashok Kumar Mittal; Respondent: Ram Kumar Gupta; Respondent: Arnita Gupta
Jurisdiction
India
Judgment Date
09 January 2009
Procedural Posture
Special Leave Petition (civil) Nos. 30991 92/2008 / Supreme Court Order on SLP Against Delhi High Court Judgment
Outcome
Petitions dismissed (leave refused)
Legal Topics
Award of Costs, Specific Performance, False Deposition, Limitations on Costs, Legal Services Authorities
Civil Procedure Award of Costs Specific Performance False Deposition Limitations on Costs Legal Services Authorities

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Parties

Ashok Kumar Mittal

Petitioner

Ram Kumar Gupta

Respondent

Arnita Gupta

Respondent

Procedural Posture

Special Leave Petition (civil) Nos. 30991 92/2008 / Supreme Court Order on SLP Against Delhi High Court Judgment

Legal Issues

  1. 1 Whether levy of exemplary costs of Rs.1,00,000/- on each party in civil litigation was permissible under sections 35 and 35A CPC
  2. 2 Appropriate recipient of imposed costs
  3. 3 Deterrence of vexatious litigation through costs

Ratio Decidendi

Even though the order of the High Court imposing exemplary costs may not strictly conform to the limitations set by sections 35 and 35A of the Code of Civil Procedure, the Supreme Court does not interfere in exercise of jurisdiction under Article 136 since no injustice has resulted and both sides were held guilty of false deposition.

Court Disposition

Petitions dismissed (leave refused)

Orders

  • The Delhi High Court Legal Services Committee, when it receives Rs.2,00,000/- as costs from the parties, shall make over the same to the State Government as directed in para 38 of the High Court judgment.
  • Petitioner’s time to deposit costs extended by a month from date of Supreme Court order.