SMT. KALABAI & Anr. v. SHANKARLAL & Ors.

SMT. KALABAI & ANOTHER Vs. SHANKARLAL AND OTHERS *** Mr. V.S.Chouhan, counsel for the appellants. Mr. C.P.Singh, counsel for respondent No.3 on advance notice. ORDER (Passed on /3/2012) This is a petition for review of the order dated 13/12/2011 passed in M.A.No.1593/2011. Learned counsel for petitioners submits that M.A.No.1593/2010 was disposed of by this court vide order dated 13/12/2011 and amount awarded was enhanced by Rs.75,000/-. Learned counsel submits that inspite of fact that there was no direction of this court, but because of changed position of law, petitioners deposited a sum of Rs.7,500/- as court fee. Learned counsel submits that office has not prepared the memo of cost on the ground that there is no direction in this regard. It is submitted that necessary direction be issued for which counsel for respondent No.3 has not objected. Memo of cost is required to be prepared under the rules. As per Rule 1 of Order 20-A CPC, the court is empowered to award the cost. As per rule 2, the award of costs under this rule shall be in accordance with such rules as High Court may make in this behalf. Otherwise also, even if the cost is not awarded, it is the duty of the office to prepare memo of cost because if the order is challenged before higher court and is decided with costs, then the 2 party in whose favour the order is passed, will not be entitled to recover the cost in absence of memo of cost. This court decided number of appeals in which amount awarded has been enhanced and claimants are directed to recover the same after payment of court fee which is recoverable from Insurance company. Therefore, petition filed by the petitioner is disposed of with a direction to prepare memo of cost. MK (N.K.MODY) JUDGE