JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE original petition filed by the appellants was dismissed by the learned Single Judge mulcting the appellants with costs of R s. 2500/- each. THE only contention raised by the appellants is with regard to the imposition of costs in the impugned judgment. THEir contention is that maximum advocate's fee that can be awarded under the rules regarding Fees payable to Advocates is only R s. 500/-for original petitions before the High Court and therefore costs awarded cannot exceed the said amount.

(2.) THE above contention is not tenable as fee prescribed for Advocates under the Rules regarding Fees payable to Advocates cannot have any nexus to payment of costs to the respondent when an original petition is dismissed by the Court. R. 157 of the Rules of the High Court of Keral a , 1971 is the one that governs payment of costs. Chapter XI of the High Court Rules deals with proceedings under Arts. 226 and 227 of the Constitution of India. Rule 157 (1) provides that in all proceedings to which these rules apply, and in appeals there from, the Court may make such order as to costs and security as it may consider just and necessary. Rule 157 does not impose any limit on the power of the High Court in imposing costs when an original petition is dismissed by the court. When there is no such limit, it cannot be contended that the costs ordered while disposing of an original petition should not exceed the amount of fees that can be given to the advocate. Under S. 35-A of the Code of Civil Procedure compensatory costs can be awarded to a party against whom false or vexatious claims or defences were made. Sub clause (2) provides that no Court shall make any order for the payment of an amount exceeding R s. 3000/- or exceeding the limits of the pecuniary jurisdiction of the Court, whichever amount is less. So far as Rule 157 is concerned, there is no such limit. THE High Court can on consideration of the circumstances of the case award reasonable costs under Rule 157.