SANJEEV KUMAR JAIN versus RAGHUBIR SARAN CHARITABLE TRUST & ORS.

SANJEEV KUMAR JAIN versus RAGHUBIR SARAN CHARITABLE TRUST & ORS.

High Court could not award to respondents costs exceeding the scale prescribed in the Schedule to the Rules, as doing so is contrary to both the Rules and Section 35 of CPC which makes award of costs subject to limitations and conditions prescribed by law. Therefore, the High Court's award of actual litigation expenses as costs in appeal was unwarranted and contrary to law; only costs as per Rules plus Rs. 3000 as exemplary costs could be awarded.

Parties
Appellant: Sanjeev Kumar Jain; Respondents: Raghubir Saran Charitable Trust & Ors.
Jurisdiction
India
Judgment Date
12 October 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court Order
Outcome
Appeal disposed of; High Court order on costs set aside in part.
Legal Topics
Costs, Court Fees, Interim Orders, Arbitrator Appointment
Civil Procedure Arbitration Costs Court Fees Interim Orders Arbitrator Appointment

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Parties

Sanjeev Kumar Jain

Appellant

Raghubir Saran Charitable Trust & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court Order

Legal Issues

  1. 1 Legality and validity of High Court's award of costs exceeding schedule in appeal
  2. 2 Interpretation of Section 35 and Section 35A of CPC regarding costs
  3. 3 Application of the Delhi High Court Rules about award of costs

Ratio Decidendi

High Court could not award to respondents costs exceeding the scale prescribed in the Schedule to the Rules, as doing so is contrary to both the Rules and Section 35 of CPC which makes award of costs subject to limitations and conditions prescribed by law. Therefore, the High Court's award of actual litigation expenses as costs in appeal was unwarranted and contrary to law; only costs as per Rules plus Rs. 3000 as exemplary costs could be awarded.

Court Disposition

Appeal disposed of; High Court order on costs set aside in part.

Orders

  • Appellant to pay costs of appeal before High Court as per Rules plus Rs. 3000 as exemplary costs to respondents.
  • No costs awarded in this appeal.