Section 35A in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
35A. [ Compensatory costs in respect of false or vexatious claims or defences. [Section 35-A inserted by Act No. IV of 1988.]
(1)If in any suit or other proceeding,] [[Inserted by Act VI of 2009, dated 20.3.2009.>[(2) In every plaint, facts shall be proved by affidavit.]</span></a></P><p align=center><b>Summons and Discovery</b></P><a name=]] [not being an appeal, or revision] [Substituted by Act No. XI of 1983, section 10 (w.e.f. 15-8-1983).] 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it has been put forward, and if thereafter as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if the objection has been taken at the earliest opportunity and if it is satisfied of the justice thereof may, after recording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 costs by way of compensation.[***] [Omitted '(2)' by Act No. 41 of 2018, dated 13.12.2018.](3)No person against whom any 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 him.(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 in respect of such claim or defence.[35-B. 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 the 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 names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons] [Inserted by Act No. XI of 1983, section 11.].
