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Gaurav (Student)     23 July 2014

Costs under 35a in cma

Sir,

In a CMA the Sub-court has dismissed the IA with costs.

In which court do i have to pay the cost to the defendant? in the Munisiff court where the O.S. is on or in the Sub-Court where the CMA was filed? since the judgement has been given in Sub-Court there are no further proceedings there

Can i proceed with the case without paying cost to defendant? 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 July 2014

It will be contempt of law if you donot pay the cost ordered by the court.  You have to pay the cost to the respondent, pay it and record the cost paid memo before the court which has passed the order, what is your confusion.?

Gaurav (Student)     29 July 2014

Sir,

My confusion is the cost was imposed as a part of C.M.A.  and in the order i have been asked to pay the cost on the next day of trial. Now post the C.M.A. Order the trial comes back to the lower court.

My confusion where do i pay the cost? at the Higher court where the C.M.A. Judgement ordered cost? or at the trial court where the next day of the trial is being conducted


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