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Is there a provision in the CPC to impose a cost of Rs. five lakhs on an IA filed in a regular first appeal for the restoration of a dismissed RFA, without providing detailed reasons, and then directing the appellant to pay the same to the respondent, even though the respondent has not claimed it? Is this in accordance with the law, and what steps can be taken to challenge and quash it?
Sir, you can challenge the imposition of Rs. five lakhs cost by filing a review petition or an appeal in a higher court by arguing that the order lacks proper reasoning and the respondent did not claim such costs. If the order is arbitrary or unjustified, you can seek its quashing based on procedural irregularities or misuse of discretion by the court. For further legal assistance contact us on our helpline number.