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Amicus Curiae (Judiciary)     01 April 2024

Striking off right for non payment of cost

Please elaborate, whether non payment of cost is a ground for striking off party's right to produce evidence under order 17 rule 3 CPC?

and if not then what is the impact and implications of non-payment of cost?



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 4 Replies

Advocate Bhartesh goyal (advocate)     01 April 2024

No, opposite party can recover the amount of cost by filing petition for execution of order but court can not forfeit the right of submitting evidence on the ground of non payment of cost. 

Amicus Curiae (Judiciary)     01 April 2024

Aptly stated, sir. Obliged

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

Clause (b) of Section 35B 5 of 15 provides that the Court may, for reasons to be recorded, make an order requiring a party to pay costs. This implies that the questions whether an adjournment should be granted on payment of costs or without costs and if it is granted on payment of costs, their quantum are left to the discretion of the Court. The only requirement of law is that if the costs are awarded, then they should be commensurate with expenses incurred by the opposite party in attending the court on that day. A Court which has the jurisdiction to pass a discretionary order also possesses the power to modify its order to meet the hardship accruing to a party. The statute does not lay down that if the costs are not paid that would have the automatic effect of the dismissal of the suit of the plaintiff or the striking out of the defence of the defendant. Even for that purpose, the Court has to pass an order. In other words the right of the party to proceed with the case in contradistinction with its right to pray to the Court to allow him to proceed with the case above has been taken away.

Dr. J C Vashista (Advocate )     02 April 2024

Very well analysed, opined and advised by experts, nothing more.

Cost imposed u/s 35B CPC for non-proceeding can be waived, if applied and justified by aggrieved party.

However, right to produce evidence cannot be forfieted for non-payment of cost imposed.


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