CW-5662/2009 - Ram Prasad & Ors. Vs. Prem Kumar & Ors. Judgment dt.3.7.09 1/2 S.B. CIVIL WRIT PETITION NO.5662/2009 Ram Prasad & Ors. Vs. Prem Kumar & Ors. Date of order : 3rd July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.K. Vyas for the petitioner. ------- 1. This writ petition is directed against the order dated 1.4.2009 whereby the learned trial court after permitting the written statement to be filed by the defendant-petitioner at the cost of Rs.800/- vide order dated 31.1.2009 again imposed the cost of Rs.500/- each in original suit and T.I. matter though the written statement was filed on 5.3.2009 just after expiry of stipulated period on 4.3.2009 as the said date 4.3.2009 was observed as a lawyers' strike. 2. Learned counsel for the petitioner-defendant submits that on the first date itself which was within the period of 90 days also the learned trial court imposed cost of Rs.800/- while again on 1.4.2009 the further cost of Rs.500/- each was imposed. 3. Having heard learned counsel this Court finds no justification in imposition of cost again by the learned trial on CW-5662/2009 - Ram Prasad & Ors. Vs. Prem Kumar & Ors. Judgment dt.3.7.09 2/2 1.4.2009. The said part of the impugned order, therefore, deserves to be deleted. The same is accordingly deleted. However, the portion of written statement wherein the defendant challenged the imposition of cost on the first date itself and which was directed to be struck of on 1.4.2009 does not require any interference as the challenge to the earlier imposition of cost cannot be kept open. 4. Subject to the aforesaid observations, this writ petition is disposed of with cost of Rs.500/- in original suit and T.I. directed to be paid by the petitioner is ordered to be deleted. Copy of this judgment be sent to the opposite party as well as trial court. [ DR. VINEET KOTHARI ], J. item No.11 babulal/