section 35 of cpc

Section 35 of CPC/ Section 35A of CPC/ Section 35B of CPC

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Section 35 of CPC

Section 35 of CPC deals with the award of costs in civil suits. It gives the court the power to award costs to any party to a suit. Costs include court fees, lawyer’s fees, and other expenses incurred by a party in prosecuting or defending a suit.

The power to award costs under Section 35 of CPC is a discretionary power. This means that the court is not required to award costs in every case. The court must consider the specific circumstances of each case before awarding costs.

Some of the factors that the court may consider when awarding costs include Section 35 of CPC:

  • The conduct of the parties.
  • The success or failure of the parties’ claims and defences.
  • The complexity of the case.
  • The time and expense incurred by the parties.

The court may also award costs to a party even if that party has not been entirely successful in their claim or defence. For example, the court may award costs to a party who has won on some of their claims but lost on others.

The court may also award costs against a party who has caused delay in the disposal of the suit. For example, the court may award costs against a party who has filed frivolous applications or delayed the production of documents.

When awarding costs, the court will generally take into account the following factors:

  • The amount of time and expense incurred by the successful party.
  • The complexity of the case.
  • The conduct of the unsuccessful party.

The court may also order a party to pay the costs of a witness. This is usually done if the witness has been called unnecessarily or if the witness has given false evidence.

Case Laws on Section 35 of CPC

Here are some examples of case laws on Section 35 of CPC:

Vijayalakshmi vs. Srinivasan (2003) 9 SCC 27

In this case, the Supreme Court held that the power to award costs under Section 35 of the CPC is a discretionary power that must be exercised judicially. The court also held that the power should not be used to punish or harass the unsuccessful party.

Union of India vs. M/s. Birla Brothers Ltd. (1991) 2 SCC 646

In this case, the Supreme Court held that the court should not order a party to pay the costs of a witness unless it is satisfied that the witness has been called unnecessarily or has given false evidence.

Conclusion Section 35 of CPC

Section 35 of CPC is an important provision that empowers the court to award costs to parties in civil suits. This provision is designed to ensure that parties who are successful in their claims are compensated for the costs that they have incurred.

Section 35A of the Code of Civil Procedure (CPC)

Section 35A of the CPC deals with the award of compensatory costs in respect of false or vexatious claims or defences. It empowers the court to award costs to a party against whom a false or vexatious claim or defence has been raised.

What is a False or Vexatious Claim or Defence?

A false or vexatious claim or defence is one that is made without any basis in law or fact, or with the intention of harassing or embarrassing the other party. Some examples of false or vexatious claims or defences include:

  • Claims that are based on forged or fabricated documents.
  • Claims that are based on frivolous or unsubstantiated allegations.
  • Claims that are made with the intention of delaying the disposal of the suit.
  • Defences that are based on technicalities or that are raised with the intention of obstructing the course of justice.

How to Claim Compensatory Costs

A party who wishes to claim compensatory costs under Section 35A must file an application with the court. The application must set out the reasons why the party is claiming compensatory costs and the amount of costs that they are claiming. The court will then consider the application and decide whether or not to award compensatory costs.

Factors Considered by the Court

When deciding whether or not to award compensatory costs, the court will consider a number of factors, including:

  • Whether the claim or defence was false or vexatious.
  • The intention of the party who raised the claim or defence.
  • The harm caused to the party against whom the claim or defence was raised.

Amount of Compensatory Costs Awarded

The amount of compensatory costs awarded by the court will vary depending on the specific circumstances of the case. However, the court will generally take into account the following factors when determining the amount of costs to award:

  • The amount of time and expense incurred by the successful party in defending the false or vexatious claim or defence.
  • The harm caused to the successful party by the false or vexatious claim or defence.
  • The conduct of the party who raised the false or vexatious claim or defence.

Conclusion

Section 35A of the CPC is an important provision that empowers the court to award compensatory costs to parties who have been subjected to false or vexatious claims or defences. This provision is designed to discourage frivolous litigation and to compensate parties for the harm that they have suffered.

Case Laws

Here are some examples of case laws on Section 35A of the CPC:

  • Vijayalakshmi vs. Srinivasan (2003) 9 SCC 27

In this case, the Supreme Court held that the power to award compensatory costs under Section 35A of the CPC should be used sparingly. The court also held that the court should only award compensatory costs if it is satisfied that the other party has raised a false or vexatious claim or defence with the intention of harassing or embarrassing the successful party.

  • Union of India vs. M/s. Birla Brothers Ltd. (1991) 2 SCC 646

In this case, the Supreme Court held that the court may award compensatory costs under Section 35A of the CPC even if the successful party has not been entirely successful in their claim or defence. The court also held that the court may award compensatory costs against a party who has caused delay in the disposal of the suit.

These are just two examples of case laws on Section 35A of the CPC. There are many other cases that have dealt with different aspects of this provision. It is important to note that the law in this area is constantly evolving, and it is always advisable to consult with a lawyer if you have any questions about compensatory costs under Section 35A of the CPC.

 Section 35B of the Code of Civil Procedure (CPC)

Section 35B of the CPC deals with the award of costs for causing delay in the disposal of a suit. It empowers the court to award costs to a party against whom a delay has been caused in the disposal of a suit.

What is Delay?

Delay in the disposal of a suit can be caused by a number of factors, including:

  • The unnecessary filing of applications.
  • The delay in the production of documents.
  • The adjournment of hearings on frivolous grounds.
  • The failure of a party to attend court.

How to Claim Costs for Delay

A party who wishes to claim costs for delay under Section 35B must file an application with the court. The application must set out the reasons why the party is claiming costs for delay and the amount of costs that they are claiming. The court will then consider the application and decide whether or not to award costs for delay.

Factors Considered by the Court

When deciding whether or not to award costs for delay, the court will consider a number of factors, including:

  • The reason for the delay.
  • The conduct of the party who caused the delay.
  • The prejudice caused to the party against whom the delay was caused.

Amount of Costs Awarded

The amount of costs awarded for delay by the court will vary depending on the specific circumstances of the case. However, the court will generally take into account the following factors when determining the amount of costs to award:

  • The amount of time and expense incurred by the successful party as a result of the delay.
  • The prejudice caused to the successful party by the delay.
  • The conduct of the party who caused the delay.

Conclusion

Section 35B of the CPC is an important provision that empowers the court to award costs for delay to parties who have been prejudiced by the delay in the disposal of a suit. This provision is designed to discourage frivolous litigation and to compensate parties for the harm that they have suffered.

Case Laws

Here are some examples of case laws on Section 35B of the CPC:

  • Vijayalakshmi vs. Srinivasan (2003) 9 SCC 27

In this case, the Supreme Court held that the court may award costs for delay under Section 35B of the CPC even if the successful party has not been entirely successful in their claim or defence. The court also held that the court may award costs for delay against a party who has caused delay in the disposal of the suit by filing frivolous applications or delaying the production of documents.

  • Union of India vs. M/s. Birla Brothers Ltd. (1991) 2 SCC 646

In this case, the Supreme Court held that the court should not order a party to pay costs for delay unless it is satisfied that the party has caused the delay intentionally or negligently. The court also held that the court should consider the financial position of the party against whom the costs are being awarded before making an order for costs for delay.

These are just two examples of case laws on Section 35B of the CPC. There are many other cases that have dealt with different aspects of this provision. It is important to note that the law in this area is constantly evolving, and it is always advisable to consult with a lawyer if you have any questions about costs for delay under Section 35B of the CPC.

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