Section 35A of the CPC
Section 35A relates to compensatory costs in respect of false or vexatious claims and is extracted below:
“35A. Compensatory costs in respect of false or vexatious claims or defenses
(1) If any suit or other proceedings including an execution proceedings but excluding an appeal or a revision any party objects to the claim of 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it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order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.
While replying to a Transfer Application under Section 24 of the CPC in the District Judge Court, the respondent uses words like “cunning”, “crooked” etc against the petitioner ho filed the application
Queries
Can application be filed against the respondent for compensatory costs under Section 35A?
What other action may be taken against the respondent for usingsuch words in a reply to Court proceedings?
