SARSWATI DEVI @ SARSU Vs. M RAGHWAN

JUDGEMENT

(1.) Petitioner has filed the instant application, praying for modification in the order dated 04.12.2008, passed in W.P. (C) No. 4488 of 2007, whereby while dismissing the writ application filed by her, a cost of Rs.10,000/- was imposed on her. Learned counsel for the petitioner submits that the petitioner being a maidservant, earning a very meager amount for her livelihood, is not in a financial position to deposit the cost of Rs.10,000/- and she is afraid that on account of her failure to deposit the cost amount, she may be hold up for contempt of Court, although, the petitioner does not have any such intention to commit any contempt of this Court. Learned counsel submits that the petitioner has alternative prayer for reducing the amount of cost, so as to enable the petitioner to comply with the order.

(2.) Learned counsel for the Respondent on the other hand, would contest the claim of the petitioner and submits that the petitioner has been persistently misleading the Court by making several incorrect statements and misrepresentations, and it was for this reason that the cost was imposed on her. Learned counsel explains further, that though on the one hand, the petitioner has filed the present application for modification of the order but in the proceedings before the court below, she has filed a petition claiming that she has preferred a review application of the order dated-04.12.2008 of this Court. From the perusal of the order of this Court dated-04.12.2008, it appears that this Court has taken a serious view on the conduct of the petitioner for making misleading and incorrect statements on affidavit and it is in this context that a cost of Rs.10,000/- was imposed upon the petitioner. There is no genuine reason assigned as to why the direction for payment of cost should be withdrawn.

(3.) However, considering the submissions of the learned counsel for the petitioner that the petitioner is a poor lady and he is earning her livelihood by working as a maid-servant in different houses, the order dated-04.12.2008 is modified to the extent that the amount of cost shall stand reduced to Rs.5,000/- (Rupees Five thousand), which has to be deposited by the petitioner to the other side within 15 days from the date of this order.