GH MOHD HAFIZ Vs. RAJAB BODA

JUDGEMENT

(1.) THIS is a revision petition and is directed against the order dated 4 -11 -1968 passed by the Munsiff Anantnag imposing Rs. 200/ - as costs on the petitioner.

(2.) IN a suit for possession brought by the plaintiff petitioner, the latter made an application to the trial court for amendment of the plaint. The trial court accepted the application and allowed the plaintiff to amend his plaint on payment of Rs.200/ - as costs to the defendants respondents. The grievance of the petitioner is that considering the valuation of the suit which is only Rs.220/ -and considering the property involved in the suit which is only 6 marlas of land, the imposition of Rs.200 as costs is very excessive, disproportionate and arbitrary.

(3.) I have gone through the order and heard the counsel for the parties 4. In my opinion the imposition of Rs.200/ - as costs on the plaintiff was not justified considering the very meagre quantity of the property involved in the suit, it is true that the case was an old one but this, in itself, did not justify the trial court to have imposed so much of costs on the plaintiff. Costs are to be imposed, regard being had to the subject matter of the dispute and the paying capacity of the parties. Costs are awarded not by way of punishment to the party but to compensate the other party in terms of money, in the ends of justice, Therefore the discretion must be exercised judiciously and not arbitrarily.