Can a cost of Rs. 5 lakhs be imposed under CPC?
Is there a provision in the CPC to impose a cost of Rs. five lakhs on an IA filed in a regular first appeal for the restoration of a dismissed RFA, without providing detailed reasons, and then directing the appellant to pay the same to the respondent, even though the respondent has not claimed it? Is this in accordance with the law, and what steps can be taken to challenge and quash it?
Under CPC, costs must be reasonable and justified, and imposing ₹5 lakh without detailed reasons may be challenged as arbitrary. You can file a review petition before the same court or approach the High Court under Article 227 or through a writ petition under Article 226, citing violation of principles of natural justice.
Under Civil Procedure Code (CPC), while courts have discretion to impose costs under Section 35 and Section 35A, any substantial costs must be imposed with detailed reasoning and should be proportionate to the circumstances. A cost of Rs. 5 lakhs without detailed reasons and without any claim from the respondent appears excessive and can be challenged through: 1) Filing a review petition before the same court highlighting the lack of reasoning and violation of principles of natural justice, or 2) Filing an appeal before the higher court challenging the cost order as arbitrary and disproportionate under Article 227 of the Constitution.
Sir, you can challenge the imposition of Rs. five lakhs cost by filing a review petition or an appeal in a higher court by arguing that the order lacks proper reasoning and the respondent did not claim such costs. If the order is arbitrary or unjustified, you can seek its quashing based on procedural irregularities or misuse of discretion by the court. For further legal assistance contact us on our helpline number.
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