Civil Revision no                 OF     2019
 In the Mater of
An application U/S 115 A of The Civil Procedure Code [ West Bengal State Amendment]
And
In the matter of
 XYZ Chess Association
                            ……  Petitioner Revisionist /Defendant
vs
 District Chess association
                    …….    Respondent/Plaintiff
And
In the matter of
An Impugned order Dated 29.03.2019 passed by the ld 3rd Civil Judge Juniur Division in Title suit No 1444 of 2017, thereby imposed huge cost in the tune of Rs 5000/- for causing Delay.
And in the matter of
Interpretation and application of Section 35 B of the Code of Civil Procedure in connection with the propriety of the and non-application of mind while applying ‘Discretion’ and entering in the realm of fancy while imposing Cost .
And in the matter of
Over application of jurisdiction and Reading down the law for suitability of a flawed argument
And in the matter of
 Dist Chess Association
                    ….Plaintiff
Vs
 XYZ Chess Association
                 …. Respondent
Value of the Suit Rs 2000/-
Value of the Revision: Same as above
Court fees paid accordingly
Humble Civil Revision application on behalf of the revisionist Bengal Chess Association
Most respectfully:-
Syllabus: Whether judicial fancy can be permitted to take over the judicial discretion by undermining the prudence of law.
Brief facts: On pleasure, the Ld trial judge imposed an unrealistic Cost in the tune of Rs 5000/- for causing delay while listening a solemn petition of vacating Ex-parte Order by the defendant XYZChess Association.
The Revision: Being aggrieved and dissatisfied with the impugned order the applicant begs to prefer the application on the following grounds :
Grounds
That the ld trial judge ought to decide the application for vacating Ex parte Order on merit at first and then to impose cost, and not to put cost before the merit .
That the ld trial judge failed to catch the spirit of the Section 35 B of the Code of Civil Procedure while imposing cost for causing delay. The ld trial judge failed appreciate the bona fide of the vacating application.
That the ld trial judge failed to apply discretion while imposing cost in the tune of Rs 5000/- and then act judiciously.
That the ld trial judge overwhelmed by emotion , than to guided by judicial mind.
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                             Prayer :
Therefore it is most humbly prayed that your honour would graciously be pleased to call for records.
Issue a rule calling for the Respondent /plaintiff to show cause as to why the order dated 29.03.2019 passed by the ld 3rd Civil Judge Jr Division, Howrah in Title suit No 1444 of 2017 be not set aside and the application for vacating Ex parte order be allowed by imposing lesser amount as cost.
On hearing make the rule absolute
And/ or puss such other or further order or orders as your honour may dim fit and proper.
And for this act of kindness the petitioner as duty bound and shall ever Pray.
Affidavit
I ……. aged…..
Prepared in my Office
xxxxxxxxxxxxxx
18/6/1 Danesh Sk Lane,
Howrah, West Bengal
Pin-711109
Email: advtanmoy@gmail.com
