MITHLESH SHARMA Vs. AMAN GUPTA

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, challenges an order dtd. 13/7/2022, passed by the learned Civil Judge in Civil Suit 1059/19 (Aman Gupta v. Mithlesh Sharma) whereby costs of Rs.25,000.00, imposed by the learned Civil Judge vide order dtd. 19/4/2022 were reduced to Rs.15,000.00. By the present petition, the petitioner seeks waiver of the costs of Rs.15,000.00 or further reduction thereof.

(2.) The costs of Rs.25,000.00 were imposed, by the order dtd. 19/4/2022 for condoning the delay in filing written statement in response to the suit instituted by the respondent.

(3.) Mr Rishabh Kapur, learned Counsel for the petitioner candidly acknowledges that the normal time provided in Order VIII Rule 1 of the CPC for filing written statement expired prior to 15/3/2020 and that, therefore, the petitioner may not be able to obtain any benefit from the judgment of the Supreme Court in In re. Cognizance for Extension of Limitation Suo Motu WP 3/2020, in view of the subsequent decision in Sagufa Ahmed v. Upper Assam Plywood Products Pvt Ltd (2021) 2 SCC 317, which excludes, from the ambit of the benefit extended by In re. Cognizance for Extension of Limitation Suo Motu WP 3/2020, cases in which the normal period of limitation had expired prior to 15/3/2020 and the period upto which delay could be condoned expired thereafter.