Patna High Court

Shrimati Sona DeviversusShushil Jha

Decided: 10 February 2026
Disposal: DISPOSED
Bench: S B P SINGH

Holding

The Court reduced the costs to Rs 5,000 per defendant and set aside the award of Rs 2,25,000 to the District Legal Services Authority as excessive.

Summary

The petitioner, Sona Devi, filed a civil miscellaneous application challenging an order dated 12‑11‑2024 that, upon allowing her withdrawal of Title Suit No. 110 of 2016, imposed costs of Rs 75,000 on each of three defendants and Rs 2,25,000 on the District Legal Services Authority, Madhubani. The petitioner argued that the suit had been pending for eight years, causing hardship to the defendants, and that the costs were unreasonable and excessive. She offered to pay a modest compensation of Rs 5,000 to each defendant. The Court held that the original cost award was excessive, reduced the payment to Rs 5,000 per defendant, and completely set aside the direction to pay the District Legal Services Authority. Consequently, the petition was disposed of with the modified order.

Issues considered

What is the appropriate quantum of costs to be awarded when a plaintiff withdraws a long‑pending suit?
Whether the award of Rs 75,000 per defendant and Rs 2,25,000 to the District Legal Services Authority is excessive and can be modified?

Subjects

Civil Procedure Code
Costs
Withdrawal of suit
Excessive costs
District Legal Services Authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.512 of 2025
                 ======================================================
                 Shrimati Sona Devi Wife of Vimalesh Jha, Resident of Village- Bankatta,
                 P.O.- Bankatta, P.S.- Benipatti, District- Madhubani.     ... ... Petitioner/s
                                                       Versus
           1.     Shushil Jha Son of Late Maheshwar Jha Resident of Village- Bankatta, P.O.-
                  Bankatta, P.S.- Benipatti, District- Madhubani.
           2.    Indra Kant Jha, Son of Late Chandra Shekhar Jha Resident of Village-
                 Bankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani.
           3.     Bijay Kumar Jha, Son of Late Kumar Kant Jha Resident of Village-
                  Bankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani.
                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ramesh Kumar Choudhary
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   10-02-2026                 Heard learned counsel for the petitioner.

                               2. The instant civil miscellaneous application has been

                   filed against the order dated 12.11.2024 passed by learned Civil

                   Judge, Senior Division-1, Benipatti, in Title Suit No. 110 of

                   2016 whereby a petition filed by plaintiff/petitioner on

                   11.07.2024 for withdrawing the title suit was allowed by the

                   learned court with a direction to the plaintiff/petitioner to pay

                   cost of Rs. 75,000/- to each defendants and also pay cost of Rs.

                   2,25,000/- to District Legal Service Authority, Madhubani.

                               3. Learned counsel for the petitioner submits that he

                   has filed Title Suit No. 110 of 2016 and after lapse of eight

                   years, he has withdrawn the above suit. As per impugned order,

                   defendant has been harassed in this case for the last about eight

                   years.
          Patna High Court C.Misc. No.512 of 2025(2) dt.10-02-2026
                                                       2/2




                                 4. Learned counsel further submits that while

                    allowing the withdrawal petition, heavy costs were imposed

                    upon the plaintiff/petitioner, i.e. Rs. 75,000/- payable to each of

                    the defendants and Rs. 2,25,000/- payable to the District Legal

                    Services Authority, Madhubani, which is unreasonable and

                    excessive. It is submitted that the petitioner is willing to

                    compensate each of the defendants by paying Rs. 5,000/- to

                    each of them.

                                 5. Keeping in view the aforesaid facts and

                    circumstances, the petitioner is directed to pay Rs. 5,000/- to

                    each of the defendants within a period of one month from the

                    date of receipt/production of this order. However, so far as the

                    direction to pay Rs. 2,25,000/- to the District Legal Services

                    Authority, Madhubani is concerned, the same is hereby set

                    aside, and the petitioner shall not be liable to pay the said

                    amount.

                                 6. With the aforesaid modification in the impugned

                    order, the present petition stands disposed of.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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