• Case dismissed with costs

Im the plantiff i filed an original suit of mandatory injunction regarding encroachment of our property by our neighbour in junior sessions court tirupathi in 2015 today case was dismissed stating that case dismissed with costs what does it mean can i appeal in senior court do i have to pay the costs stated in the judgement even in the case of appeal
Asked 6 years ago in Civil Law

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16 Answers

1) it means that court has not granted you any reliefs and dismissed your case

2) you have been directed to pay the nominal costs awarded by the court to the defendants

3) apply for certified copy of order

4) you can file appeal against order dismissing your case

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

1. The Judgement means that you hall have to pay the cost incurred by the Respondent for attending your said case which has been dismissed by the Court.

2. Normally, the amount of the cost awarded is mentioned in the Judgement.

3. You can file an appeal before the Appellate Court challenging the aid Judgement/Order praying for a stay on its enforceability till the said appeal is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. if the suit is dismissed then you have got the statutory right of preferring an appeal.

2.The first appeal from the order of sessions court lies in high court only.

3.If while admitting your appeal the high court grants stay on the judgment and decree challenged before this then there would be no necessity to pay the costs till the disposal of the appeal.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

1. Usually suits for the relief of mandatory injunctions will be dismissed becacuse of so many future complications..

2. You will get justice in the higher court. Dismissed with cost means you have pay the presecribed advocate fee of the opposite party and his expenses if any towards court fee stamps etc.

3. You need not worry, you can immediately file appeal before the higher court and it will disposed within next 3-6 months.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. It means that the suit filed by you has been dismissed with costs i.e litigation cost.

2. You are free to challenge the judgment in the High Court through an appeal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In his judgement, the learned judge must have given the reason for dismissing the case. In case the judge found that there is no point of filing the case, he must have imposed cost upon you. Now, it is upto you or your legal counsel to go through the judgement thoroughly and if there is any point, you can file appeal. In case you do not file appeal, the defendant can file execution against the judgement passed against you for payment of cost.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

U have to pay the cost until no stay in appeal.

What judgement read ?

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

You may have to look into the judgement about how much is the cost.

With respect to appeal the judgement you can approach the higher courts challenging the judgement passed by the lower court.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

As per your information you have file suit in session court that's why case is dismissed here. It should be filed before civil judge or district judge. Yes you have to pay the cost to the court and file the fresh suit before the appropriate jurisdiction of court.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

No you do have to pay any cost in appeal. The order means that your claim has been rejected and that for raising false case cost has been imposed upon you.

File an appeal and challenge the order on merits as well as the cost part.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi

You can file an appeal in senior court without paying costs and pray for a stay on order of lower costs and also payment of costs by making the plea for the same.

The appeal courts generally conducts the merits for award of costs stated in the judgment and decides on whether to stay the costs also or admit the appeal after payment of costs.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You can appeal and costs are to be paid

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

yes case is dismissed, and you may go for appeal and stay of the said order. if the order is stayed and appeal is accepted you dont have to give the cost. appeal as soon as possible.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Respected sir...

When a ‘case is dismissed with costs’, it means the petition has been disallowed (failed) and the petitioner must pay the necessary costs incurred by the party responding to it ie. the trouble and expense that party went to defending and succeeding in their defense.

In a case, the Bombay High Court interpreted the meaning of the words, ‘Plaintiff’s suit is dismissed with costs’ to mean that the plaintiff is to pay the costs of the defendants, and if there is more than one defendant he would have to pay the costs of all the defendants, since prima facie every defendant is entitled to defend the suit in such manner as he thinks fit and with the help of any pleader in whom he has confidence.’

The cost incurred would include the cost incurred by the opposite party(s), in defending their law suit, the expenses of the lawyers, the Court fees, etc. ...If you want appeal against it you have to deposit half of that cost .

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

The suit for mandatory injunction dismissed with costs by the court of junior session court , if means you could not proof your case in your favour and agaisnt the defendant .

you should file an appeal against the said order and cost imposed before the higher court i.e ADJ within 90 days from the date of passing the said order , where the execution of the said order will be stop, till the time of final judgement from that higher court.

Even , if the higher court reject /dismissed your appeal , you have option to appeal High Court and Supreme court to proof your case.

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

You will be preferring an appeal agaisnt the judgment.

The judgment consists of costs also

Hence you can challenge the costs in the appeal.

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

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