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Bare acts > Code of Civil Procedure, 1908 > Section 35 A
 
   


 

35A. Compensatory costs in respect of false or vexatious claims or defences.- (1) If in any suit or other proceeding, including an execution proceeding but excluding an appeal or a revision, any party objects to the claim or defence on the ground that the claim or dénce or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defence has been put forward, of costs by way of compensation.


(2) No Court shall make any such order for the payment of an amount exceeding three thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:


Provided that where the pecuniary limits of the jurisdiction of any court exercising the jurisdiction of a Court of Small Causes under the provincial Small Causes Courts Act, 1887 (9 of 1887), or under a corresponding law in force in any part of India to which the said Act does not extend and not being a court constituted under such Act or law, are less than two hundred and fifty rupees, the High Court may empower such court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:


Provided further, that the High Court may limit the amount which any court or class of courts is empowered to award as costs under this section.

(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.

(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.

STATE AMENDMENT

UTTAR PRADESH.- (1) In Section 35-A, for the existing-section (1) the following shall be substituted:

“(1) If in any suit or other proceedings including proceedings in execution, but not being an appeal or revision, the Court finds that tile claim or defence or any part thereof is false or vexatious to the knowledge of the party by whom it has been put forward and if such claim or defence or such part is disallowed, abandoned or withdrawn in whole or in part, the Court may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the successful party of costs by way of compensation irrespective of the decisions on other issues in the case.” UP. Act 24 of 1954, Section 2 and Schedule, Item 5, Entry 1. (30.11.1954).

(2) In Section 35-A, after sub-section (1), the following sub-section shall be inserted, namely:“(1-A) The provisions of sub-section (1) shall mutatis multandis apply to an appeal where the appellate Court confirms the decision of the trial Court and the trial Court has not awarded, or has awarded insufficient, compensatory cost under that sub-section,” - UP. Act 57 of 1976, 2 (1.1.1977).

 

 

 

 

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