U/s 35 b r/w/ section 151 cpc.
Rahul Sharma
(Querist) 22 November 2012
This query is : Resolved
Part argument heard on application U/S 35 B r/w/ Section 151 CPC.
What is this section -- U/S 35 B r/w/ Section 151 CPC.
R.K Nanda
(Expert) 22 November 2012
1.35 B-costs for causing delay
2.sec.151 of CPC- inherent power of court
prabhakar singh
(Expert) 22 November 2012
35B. 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 defendants 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.]
prabhakar singh
(Expert) 22 November 2012
151. Saving of inherent powers of Court.
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
prabhakar singh
(Expert) 22 November 2012
Those are the sections but what is your query?
Raj Kumar Makkad
(Expert) 23 November 2012
Mr. Singh has devoted much time for resolving your query but still you have filed to tel your query.
Rahul Sharma
(Querist) 23 November 2012
Thanks all/Singh sir for your time.
In one of my friends property case, We find below as a Daily order status..
So got confused with sections and want to calrify with experts.
Part argument heard on application U/S 35 B r/w/ Section 151 CPC.
What is this section -- U/S 35 B r/w/ Section 151 CPC.
It’s too technical still, can I expect an answer in simple language. Please
Raj Kumar Makkad
(Expert) 26 November 2012
It shall be good to avail the service of any expert by hiring his services for making you understand simplest way to learn legal position.
