Cost in CPC | Section 35 of CPC | Compensatory Costs

Cost in CPC and as per Section 35 of CPC provides the Compensatory Cost in respect of false or vexatious claims or defences. This section prescribes the maximum limit of the cost to be twenty-five thousand rupees.

Meaning of Cost in Civil Procedure Code

Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
(3) The Court may give interest on cost at any rate not exceeding six per cent. per annum, and such interest shall be added to the costs and shall be recoverable as such.

Section 35A Compensatory Costs in CPC

As per CPC Law Compensatory Costs in respect of false or vexatious claims or defences.
(1) If in any suit or other proceeding,
2(including an execution proceeding), not being an appeal, any party objects
to the claim or defence on the ground that the claim or defence 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it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if the objection has been taken at the earliest opportunity and if it is satisfied of the justice thereof, may, after recording its reasons for holding such claim or defence to be false or vexatious.

Kinds of Costs in CPC

The code provides for the following kinds of costs:
1) General costs-Section 35;
2) Miscellaneous costs-Order 20-A;
3)Compensatory costs for false and vexatious claim or defences-Section 35-A;
4) Costs for causing delay-Section 35-B.

General Costs Section 35 CPC

The object of section 35 is to awarding costs to a litigant is to secure to him the expenses incurred by him in the litigation. It neither enables the successful party to make any profit out of it nor punishes the opposite party. The general rule relating to cost is that cost should follow the event, i.e. a successful party must get the costs and the losing party should pay the other side.

Section 35 CPC Costs for Causing Delay

This Section was inserted via amendment act of 1976. This Section provides for the fines that are imposed upon the defendant for causing delay. As is evident from the present condition of judicial system, one of the reason for a large number of pending cases is that the lawyers use different tactics to delay the judicial process.

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