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Costs Sec.35,35A,35B

By Mohd Aqib Aslam | Views 16236

The codes of civil procedure provides for four kinds of costs:

General costs- Sec. 35
Miscellaneous costs- order 20A.
Compensatory costs for false or claims or defences- sec. 35-a.

Let us discuss them:

General costs Sec.35- sec. 35 deals with general cost. The object in awarding costs to a litigant is to secure to him the expenses incurred by him in the litigation.
Principles- the primary rules in respect of award of general cost are as under:
1. Costs are in the discretion of the courts. The said discretion however must be exercised on sound legal principles and not by co price, chance or humors.
2. Normally costs should follow the event and the successfully party in entitled to costs. Unless there are good grounds for depriving him to that right.
  Sub sec. (2) of sec. 34 however expressly provides that when the court orders that the cost should not follow the event, it must record reasons for doing so.
Miscellaneous costs: order 20A makes specific provisions with regard to the power of the court to award costs in respect of certain expenses incurred in giving notices, typing charges, inspection of records, producing witness and obtaining copies.
Compensatory costs Sec. 35A- 35A provides for compensatory costs. This sec. is an exception to the general rule.
This section is intended to deal with those case in which sec. 35 does not afford sufficient compensation in the opinion of the court.

Under this provision if the court satisfied that the litigation was inspired by vesiatious motive and altogether groundless, it can take different action.

Conditions: the following conditions must exist before this section can be applied:
1. The claim or defence must be false or vescatious.
2. The objections must have been taken by the other party that the claim or defence was false or vescatious to the knowledge of the party raising it, and
3. Such claim must have disallowed or withdrawn or abandoned in whole or in part. Maximum amount awarded is Rs. 3000/- and this section apply onlt to suits and not to appeal or to revisions.
It empower the court to impose compensatory costs on the parties who are responsible for causing delay at any stage of the litigation.
Such cost would be irrespective of ultimate outcome of litigation. Concerned in a plaintiff and the defence is a defendant.
On the following grounds the costs may be awarded for delay:
If a party to the suit:
1. False to take the step which he was required by or under the code to take on that date, or
2. Obtains an adjournment for taking such step or for producing evidence or any other ground, the court may order such party to pay to other party the costs.