SANTOSH SHARMA & ANR. vs RITA TIWARI

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd May, 2025 + CM(M) 2897/2024 & CM APPL. 38467/2024 SANTOSH SHARMA & ANR. .....Petitioners Through: Mr. Venkatesh Rajput with Mr. Nepal Siingh and Mr. Nitesh Shrivastav, Advocates. versus RITA TIWARI .....Respondent Through: Mr. R.N. Dubey, Advocate (through V.C.) Respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The issue in the present petition is, primarily, with respect to the quantum of the cost. 2. The petitioners are defending a civil suit and despite the fact that they did not file the written statement within the given time, though, the learned Trial Court permitted them to file the written statement belatedly, they were also imposed cost of Rs.25,000/-. 3. It is submitted that on account of the present financial condition of the petitioners, they are unable to bear such cost which, according to them, is exorbitant. 4. During course of the arguments, it was also apprised that since without clearing the cost, they were not in a position to submit the written statement physically before the learned Trial Court, the written statement was, eventually, submitted through e-filing module on 26.04.2025. Signature Not Verified Digitally Signed CM(M) 2897/2024 1 By:SONIA THAPLIYAL Signing Date:24.05.2025 12:38:09 5. Two copies of such written statement have also been produced. One copy of such written statement has been provided to the respondent, who appears in person, and another such copy has been retained in record. 6. Normally, Supervisory Court, while invoking powers under Article 227 of the Constitution of India, does not interfere with the quantum or imposition of cost, but keeping in mind overall facts of the case and in order to ensure that there is no furt