Maximum cost should be imposed on parties who protract the issue: HC

CHENNAI: Observing that the idea of the litigation for prolonging and protracting the issues must be seriously taken, the Madras High Court held that exemplary or maximum costs should be awarded to such parties who are wilfully filing additional applications to protract the issue.

Justice SM Subramaniam made these observations while dismissing a revision petition filed by Dr T Parthasarathy to set aside the order of a trial court dismissing his miscellaneous petition.

According to the court, the longevity of the litigation results in frustration, and consequently people are losing faith in the justice delivery system. Courts shall not allow reaching such a situation.

“People-friendly judicial delivery system is warranted in the new technologically advanced world, ” adding, “…the idea of the litigation for prolonging and protracting the issues must be seriously looked into and whenever such unnecessary miscellaneous petitions or otherwise is filed, with an idea to protract the issues, then exemplary or maximum costs should be awarded on such parties, ” Justice Subramaniam opined.

He further held that the citizens are getting everything in a speedy manner due to advanced technology and the justice system should cope with the current day scenario for the purpose of delivering justice to the litigants.

“Thus, the work discipline, pattern, method of dealing with the applications, simplification of orders and judgments are need of the hour and therefore, the idea of the litigation for prolonging and protracting the issues must be seriously looked into and whenever such unnecessary miscellaneous petitions or otherwise is filed, with an idea to protract the issues, then exemplary or maximum costs should be awarded on such parties, ” the judge held.

The revision petitioner is a tenant in a building owned by one Sarala. As Sarala initiated proceedings before a rent court to evict the revision petitioner, he filed the miscellaneous petition which was rejected by the trial court.