Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ashok kumar (Social Worker)     23 August 2013

Section 35a of the cpc compensatory costs

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it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order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?



 3 Replies

Advocate Ravinder (Advocate/Attorney)     01 September 2013

Sec. 35a of CPC concept is different and your case is different.  You cannot claim any damages.  Those words are not abusive nor unparliamentary and are mere allegations.  You can deny the same in your counter.  If they are abusive words you can file defamation suit. 

M Nagaraj   26 September 2026

In a partition Suit against me for a dilaphidated house, supressing facts like Settlement deed executuon by my father, or supressing the payment given to my 4 sisters (1 Defendant 4 plaintiff) by my father, by me and later partly accepting verbally meagre amount in 1981 Rs 17,000/- (When land costs at the time of 1981 was Rs 3 to 6) in Kempapura Agrahara, with which 3 sisters had purchased property in the same locality (With Rs 17000/- one can buy an area of land 2500 to 4400 Sqft.

Plaintiffs suppressed monetory compensatition, 50% (half) the portion of 29'x50' propery which is totlly dilaphidated as the same was built during 1964 using country bricks with mud construction, mudplastering, Lower proportion cement plastering external surface alone. After recieving money of Rs 17000/- each of my sisters have purchased sites in their husbands name. These sites were sold by them during 1987at Rs 65 to 70 per Sqft and purchased land in Malagala village at Rs 35 to 40, There is a very popular road "Pattegarpalya Road" leading road to Nagarbhavi and very important part of the City. Now Kempapura Agrahara which my father had left for me quotes between Rs 6000/- to 7000/-, against which plaintiffs filed partion suit against the entire 29'x50' property. Now their land vlaue which is located in Malagala (Sampige layout) is quoting Rs 20000 to Rs 22000/-. I had a job in L&T paying income tax to central govt from 1984 till 2016. How woll the Bengaluru district Court will look at this matter for justice.

Combo Legal Consultancy   26 September 2026

Can an application be filed under Section 35A CPC for compensatory costs?
Generally, no—not merely for using words like “cunning” or “crooked.” Section 35A applies to a false or vexatious claim or defence, not to offensive language in a reply. A transfer application under Section 24 CPC is an “other proceeding” and is not an appeal or revision, so Section 35A jurisdiction is not barred. However, unless the respondent’s objection itself is false or vexatious and is disallowed, abandoned, or withdrawn, compensatory costs cannot be granted. The abusive words are scandalous matter, not a claim or defence. You may instead seek other costs and striking out.

What other action can be taken against the respondent for such words?
You can apply under Order 6 Rule 16 CPC to strike out scandalous, frivolous, or vexatious matter from the reply. You may also seek expunction and exemplary costs under Section 35 and Section 151 CPC. If the language scandalises the court or obstructs justice, initiate contempt proceedings under the Contempt of Courts Act, 1971. If it lowers your reputation, pursue a defamation suit. If an advocate signed the offensive pleading, complain to the State Bar Council under the Advocates Act, 1961.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register