Rajesh Rattan v. Ms. Renu Rattan and Ors.

1. An application under Section 151 CPC has been filed for waiver of cost of Rs.50,000/- which was imposed vide Order dated 07.03.2024.

2. The defendant had moved an application vide I.A.11862/2023 under Order VIII Rule 1(A(3) read with Section 151 CPC for placing on record additional documents. The objection had been taken on behalf of the plaintiff, however, considering that the defendant intended to prove through the documents that the suit property was self acquired, the Application was allowed subject to cost of Rs.50,000/- to be paid to the plaintiff. It was also directed the evidence be concluded expeditiously.

3. The defendant has now moved an application for waiver of cost on the Digitally CS(OS) 196/2017 ground that she is a senior citizen and is not keeping well and has financial constraints; therefore, the cost of Rs.50,000/- may be waived.

4. The application is contested by the learned counsel for the plaintiff who has submitted that the defendant has been moving one Application after the other and this was the third Application. Furthermore, these documents pertain to Kashmir property while the suit is in regard to the Delhi property and are not even relevant. These Applications are only intended to delay the trial and thus, there is no ground for waiver of the cost.

5. Submissions heard.

6. There is no justification for reduction of the cost but considering that the defendant is a senior citizen and has financial constraints, the cost is reduced to Rs.25,000/-.

7. The application is accordingly disposed of.

JUDGE AUGUST 30, 2024 va Digitally