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Rajasthan High Court · body

1996 DIGILAW 1139 (RAJ)

Anar Kanwar w/o Goph Singh v. Executive Engineer

1996-10-07

P.C.JAIN

body1996
JUDGMENT 1. - This is plaintiff's petition under section 115 CPC by which the petitioner has challenged the part of the order dated 13.8.1996 by which the learned trial Court although allowed the amendment application moved by the plaintiff, imposed an exorbitant cost of Rs. 1,000/-. Learned, counsel for the petitioner, submitted that amendment was only technical inasmuch as the R.D. No. was erroneously written and it was to be rectified. Since the amendment was only arithmetical requiring no factual investigation, the trial Court was not justified in imposing the above cost. 2. Looking to the petty nature of the dispute, I deem it not necessary to issue notice to the opposite party. 3. In view of the nature of amendment, I think the learned trial Court committed an error in imposing the above cost. 4. I, therefore, partly allow the revision petition and order that the cost imposed by the trial Court will be reduced from Rs. 1,000/- to Rs. 400/-.Revision Partly Allowed. *******