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january 2009

Supreme Court of India · 2009-01-09

Ashok Kumar Mittal vs Ram Kumar Gupta & Anr

Court
Supreme Court of India
Petitioner
Ashok Kumar Mittal
Respondent
Ram Kumar Gupta & Anr
Bench
J M Panchal, R V Raveendran

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the petitioner's appeal, affirming that both parties had not approached the court with clean hands and had failed to prove a concluded contract for sale. The Court found that the imposition of exemplary costs of Rs.1,00,000 on both parties was inappropriate under Sections 35 and 35A of the Code of Civil Procedure, which limit costs in civil litigation. The Court emphasized that costs should recompense the successful litigant and cannot exceed prescribed limits, thus ruling that the High Court's decision was not in accordance with the provisions of the Code.

Ashok Kumar Mittal vs Ram Kumar Gupta & Anr · Niyam