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Kishor kumar   04 April 2019

restore of case

I filled a restore application of original suit in civil due to non presence of plaintiff and this restoration application was also dismissed due to non presence of plaintiff. defendant was also absent. what can I do


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 4 Replies

Shashi Dhara   04 April 2019

What irresponsible plaintiff the court shud have to imposed exemplory cost .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 April 2019

Section 35A of the Code - Exemplary costs. 
 
14. Section 35A refers to compensatory costs in respect of false or vexatious claims or defenses. The maximum amount that could be levied as compensatory costs for false and vexatious claims used to be ` 1,000/-. In the year 1977, this was amended and increased to ` 3,000/-. At present, the maximum that can be awarded as compensatory costs in regard to false and vexatious claims is ` 3,000/-. Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims. At present Courts have virtually given up awarding any compensatory costs as award of such a small sum of ` 3,000/- would not make much difference. We are of the view that the ceiling in regard to compensatory costs should be at least `1,00,000/-. 

Shashi Dhara   05 April 2019

File fresh suit with fresh cause of action

Shashi Dhara   05 April 2019

Becoz deft had not appeared before court.

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