Format to review/recall coercive cost order passed in 125 CrPC maintenance case owing to COVID-19 lockdown guidelines
IN THE COURT OF HON’BLE ADDL. FAMILY JUDGE, KANPUR NAGAR
Case No. _____/2018
Smt. X Vs Shri Y
U/s 125 CrPC
Humble application of review and recall of order dated 20/11/2020 whereby an amount of Rs. 5,000/- was ordered to be paid as cost.
It is most respectfully submitted:-
It is to bring to your kind consideration that the proceedings u/s 125 CrPC are quasi-civil proceedings and not criminal proceedings. Therefore, the present Review Application is maintainable, as also held by Hon’ble Superior Courts in a catena of cases.
That on 20.11.2020, the Applicant appeared before the Court for the first time, after the Courts started regular functioning post lockdown due to COVID-19 pandemic.
This is to further bring to your kind consideration that as the Courts were not functioning due to the lockdown imposed by the Government, the Advocates were also not available to prepare drafts and to file them before the Ld. Court.
It is pertinent to note that this juncture that the Applicant is also restricted in his working due to the severe widespread of COVID-19 and the subsequent lockdown and guidelines issued by the Government, from time to time. The Applicant is innocent and the prevailing COVID-19 circumstances are beyond his control.
That on appearance before the Ld. Court, the Applicant prayed for time to file desired objections. However, the Ld. Court was pleased to pass an order imposing a cost of Rs. 5,000/-, before granting even last opportunity to the Applicant.
That before imposing the cost on the Applicant, the Ld. Court ought to have considered the fact that the Applicant was present and participating in the court proceedings. Furthermore, as per the Orders passed by the Hon’ble Allahabad High Court, reiterated time and again, the Courts shall accommodate Parties and their Counsels during such harsh times of COVID-19 pandemic, and the same has presently been extended till 05.01.2021.
That Is it most humbly prayer by the Applicant that it is in the interest of justice, the Order dated 20.11.2020 imposing a cost of Rs. 5,000 (Rupees Five Thousand Only) be reviewed and recalled, as the Applicant is not in default in any aspect concerning the present case at hand.
That in case, any of the submissions made in the above paragraphs do not find favour with this Ld. Court, a reasoned order may be passed, as is required under law.
That the relevant order of Hon’ble Allahabad High Court which supports the submissions made here-in-above shall be filed, if required and so ordered, by this Ld. Court.
It is most humbly prayed that this Ld. Court may be pleased to review and recall the Order dated 20.11.2020 directing the Applicant to pay the huge cost of Rs. 5,000/- for no fault on his part, in the interest on justice.