Court procedure
kamal
(Querist) 16 August 2012
This query is : Resolved
in civil suit proceedings court imposed costs on defendent for delay in filing w/s and further at the time defence was struck for not filing w/s. thereafter costs were imposed for getting exparte proceedings set aside but he never paid such costs. will this affect his position to defend the case.
Adv.R.P.Chugh
(Expert) 16 August 2012
If costs are not paid, the case would remain ex parte and order setting aside ex parte won't take effect.
Nadeem Qureshi
(Expert) 16 August 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.]
