Code: Section 35B CPC
Section 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.
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 defendants or groups of defendants, payment of such costs shall be a condition precedent to further prosecution of the defence by such defendants or groups of defendants ordered to pay such costs.
(2) The costs ordered under sub-section (1), if paid, shall not be included in the costs awarded in the decree passed in the suit. If such costs are not paid, a separate executable order shall be drawn specifying the amount payable and the persons liable to pay.
Explanation of Section 35B CPC
Section 35B of the Code of Civil Procedure, 1908 empowers courts to impose costs on parties responsible for delaying civil proceedings. The provision seeks to discourage unnecessary adjournments and procedural delays that increase expenses and prolong litigation.
Court proceedings are expected to move efficiently and within a reasonable period. However, delays frequently occur because parties fail to take required procedural steps, seek repeated adjournments, or avoid producing evidence on time. Such conduct affects the opposite party by causing financial and procedural inconvenience.
Section 35B CPC provides a remedy by allowing the court to order the defaulting party to compensate the other side for expenses incurred due to the delay.
The objective of this provision is to promote procedural discipline and reduce misuse of judicial time.
You may also read about compensatory costs for false claims under:
Section 35A CPC
Key Features of Section 35B CPC
Costs for Delay in Proceedings
The court may impose costs where a party:
- Fails to perform a procedural step
- Seeks unnecessary adjournments
- Delays production of evidence
- Causes avoidable postponement of proceedings
Court Must Record Reasons
The court cannot impose costs arbitrarily. Reasons for imposing such costs must be recorded.
Payment Is Mandatory for Continuing Proceedings
Payment of the ordered costs becomes a condition for continuing:
- The plaintiff’s suit
- The defendant’s defence
Failure to pay may prevent the party from proceeding further.
Unpaid Costs Can Be Executed
If the party does not pay the ordered amount, the court may issue a separate executable order for recovery.
Illustration
Example 1: Repeated Request for Adjournment
A plaintiff repeatedly requests adjournments on hearing dates without sufficient justification. The defendant attends court on each date and incurs travel and legal expenses.
The court may direct the plaintiff to compensate the defendant for those expenses under Section 35B CPC.
Example 2: Failure to Produce Evidence
A defendant is required to submit documents during proceedings but repeatedly fails to do so and seeks additional time.
The court may impose costs for the delay caused to the opposite party.
Example 3: Multiple Defendants With Separate Defences
Three defendants raise separate defences in a suit. One group causes repeated delays by seeking unnecessary adjournments.
The court may impose costs only upon the defaulting defendants while permitting the remaining defendants to proceed.
Common Questions and Answers on Section 35B CPC
1. What is the purpose of Section 35B CPC?
Answer:
Section 35B CPC discourages unnecessary delays in civil proceedings by imposing costs on the party responsible for causing such delays.
2. Can the court impose costs for seeking adjournments?
Answer:
Yes. If a party seeks adjournments causing delay without sufficient reason, the court may order payment of costs.
3. Does the court need to record reasons?
Answer:
Yes. The court must record reasons before imposing costs under Section 35B CPC.
4. What happens if the ordered costs are not paid?
Answer:
Failure to pay may prevent the plaintiff from continuing the suit or the defendant from pursuing the defence.
5. Are these costs included in the final decree costs?
Answer:
No. Costs paid under Section 35B CPC are generally not included in the costs awarded in the final decree.
Conclusion
Section 35B CPC serves as an important procedural safeguard against delays in civil litigation. By allowing courts to impose costs on parties responsible for unnecessary postponements, the provision promotes efficient case management and prevents misuse of court procedures. It also protects the opposing party from avoidable financial burdens arising from repeated delays.
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