CPC 35A — Compensatory costs in respect of false or vexatious claims or defences

Code of Civil Procedure, 1908

Statutory text

[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit
or  other  proceedings

[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 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thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole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  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  object  or  by  the  party  by  whom such claim or defence has been put forward, of cost 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  Cause  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.]

1. Section 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Madras.

(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.]

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