35B coust for causing delay of cpc 1908

Querist : Anonymous (Querist) 12 November 2010 This query is : Resolved
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.]

wife is not visiting the trial court to give witness 498a case is it poossbile to recover the travelling cost from her during pendancy of trial where ever she is not coming to court? by accused on appeal for the travelling expenses are still incurring by innocent parents of husband.

urgent please....

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Raj Kumar Makkad (Expert) 12 November 2010
No. There is no no such provision in criminal law rather you can pray before court to close the evidence of the prosecution as despite of various opportunities no action is being taken from their side. You shall otherwise be benefited rather claiming for traveling expenses or so on.