Section Text
1[ 35A. Compensatory costs in respect of false or vexatious claims or defences.--
(1) If in any suit or other proceedings,2[including an execution proceeding but3[excluding an appeal or a revision]] any party objects to the claim or 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it has been put forward, and if, thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court,4[if it so thinks fit] may, after recording its reasons for holding" such claim or defence to be false or vexatious, make an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 objector by the party by whom such claim or defence has been put forward, of cost by way of compensation.
(2) No Court shall make any such order for the payment of an amount exceeding5[three thousand rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887),6[or under a corresponding law in force in7[any part of India to which the said Act does not extend]] and not being a Court constituted8[under such Act or law], are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:
Provided, further, that the High Court may limit the amount which any Court or class of Courts is empowered to award as costs under this section.
(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by hi m.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation is respect of such claim or defence.]
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1. Section 35A was Inserted by Act 9 of 1922, section 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Tamil Nadu.
2. Substituted by Act 66 of 1956, section 4, for "not being an appeal" (w.e.f. 1-1-1957).
3. Substituted by Act 104 of 1976, section 14(i), for "excluding an appeal" (w.e.f. 1-2-1977).
4. Substituted by Act 66 of 1956, section 4, for certain words (w.e.f. 1-1-1957).
5. Substituted by Act 104 of 1976, section 14(ii), for "one thousand rupees" (w.e.f. 1-2-1977).
6. Inserted by Act 2 of 1951, section 7 (w.e.f. 1-4-1951).
7. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State".
8. Substituted by Act 2 of 1951, section 7, for "under that Act" (w.e.f. 1-4-1951).