Hi, I am the defendant in the suit filed for specific performance. The plaintiff prayed for execution of sale deed on acceptance of sale consideration before the Principal District & Sessions court. Since the prayer is to execute the sale deed on acceptance of balance consideration, I appeared before the Hon'ble Justice and submitted to Decree and it was noted down, and the case was Decreed without cost asking the plaintiff to register the property with 3 months. Now, I was told that Plaintiff is moving OSA before the High Court regarding the cost related issue. Since, I decreed the suit, do I need to pay the cost?
Since the plaintiff has approached high court with an appeal seeking the denied relief, let the high court dispose the case. no opinion can be rendered on the matter which is subjudice, besides it is not known tht for what reason that the plaintiff has approached high court with this appeal.
1) you will have to pay costs only if court passes orders to do so
2) in present case no orders have been passed imposing costs
Thanks for the response. Since we have decreed the suit before going into trail, I was told there wont be any cost imposed on us. since, the plaintiff has gone to High Court for cost relief, I wanted to know whether High Court will give relief to plaintiff or confirm the District court order. thanks again.
HC would most probably confirm the district court order
It is not understood that what was the basis that the trial court passed a decree and also as you say that it was disposed before trial then it can be concluded as compromise decree also, in that case there can be no appeal be maintainable however without knowing the grounds for appeal and also the contents of the decree no further opinion can be rendered.
Since the plaintiff prayed for execution of sale deed on acceptance of whole sale consideration, I as defendant made an endorsement stating "Submitted to Decree". Hence, the Hon'ble judge passed an order as "Uncontested - Decreed without Cost".
You don’t have to pay costs
In that case the appeal preferred before high court may not be maintainable, however you have to challenge the grounds of appeal on merits.
Costs need not be imposed mandatory unlss the law specifically prescribes or on account of exceptional hardship caused to either of the parties.
G.RAJAGANAPATHY
High Court of Madras
If the cost is exorbitant and unnecessary then it will be set aside by HC otherwise it will be continued
- As per law, at the time of filing the special performance suit , the plaintiff has to deposit the Court fee, and only after depositing the court fee the court can hear the case.
- Since, the suit decree in his favor , the it was duty of the court to pass an order for releasing the court fee to the plaintiff.
- Further, as the court has not passed order , then the plaintiff can approach the high court for the same , and you have nothing to do in this matter.
