Section 35B of The Code of Civil Procedure, 1908
Costs for causing delay.
1[35B. Costs for causing delay.-- (1) If, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit
- (a)fails to take the step which he was required by or under this Code to take on that date, or (b) obtains an adjournment for taking such step or for producing evidence or on any other ground, the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of
- (a)the suit by the plaintiff, where the plaintiff was ordered to pay such costs,
- (b)the defence by the defendant, where the defendant was ordered to pay such costs. Explanation.-- Where separate defences have been raised by the defendant or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.
- (2)The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.]
Summary
- The court can order a party to pay costs if they cause a delay in the case.
- This applies if a party fails to take a step they were required to take on a specific date.
- It also applies if a party asks for an adjournment to take a step or produce evidence.
- Paying these costs is a requirement that must be met before the party can continue with their part of the lawsuit.
- If these costs are paid, they are not included in the final costs calculated at the end of the case.
- If the costs are not paid, the court creates a separate order for the amount which can be enforced directly against that person.
Practical examples
FAQ
1. What happens if a plaintiff does not pay delay costs under Section 35B of The Code of Civil Procedure, 1908?
Under Section 35B of the Code, the plaintiff will not be allowed to continue with the lawsuit until the costs are paid, as payment is a condition precedent, meaning it must be done first.
2. Can a defendant be stopped from defending a case for causing delays according to Section 35B of the Civil Procedure Code?
Yes, if the court orders the defendant to pay costs for a delay and they fail to do so, Section 35B prevents them from proceeding with their defense.
3. Are delay costs added to the final judgment costs in The Code of Civil Procedure, 1908?
According to Section 35B, if the delay costs are paid at the time of the order, they are not included in the final decree costs. If they remain unpaid, they are handled via a separate executable order.
Test yourself
1.Under Section 35B of The Code of Civil Procedure, 1908, what is the legal status of an order to pay costs for a delay?
2.How are unpaid delay costs handled under Section 35B of The Code of Civil Procedure, 1908?
3.When can a court order costs for delay under Section 35B of The Code of Civil Procedure, 1908?
4.According to Section 35B of The Code of Civil Procedure, 1908, what must the court do before making an order for delay costs?