 We are fully sure that everybody is in a festive mood and the festivity is at its peak once you try to learn the knowledge from a person who is quite knowledgeable and who is running his own YouTube channel where he shared his insights not only on the court of civil procedure but at the same time on the Law of Limitation and Limitation Act. And today we call as a lawyer etc. we have seen that cost compensatory costs costs for causing delay are different aspects which we are dealing with and is an important aspect. So today we have amongst us just as Katie Sankrant one of the favorite resource persons and a person with whom we can connect late even in the evening and tell him to kindly share your thoughts and at its simplicity at his best he always exceeds to a request and sometimes he laughingly says that Vikas I know that you are calling me for a session but we know that the best trees which give the best fruits are humble and he is one of the items for simplicity and humblity. Without taking much time I will request sir since we have squeezed the time for today to take take over the session we are all willing to learn from it. Thank you Mr. Vikas and thank you the viewers today's subject is costs compensatory costs and costs for causing delay. We are aware that when you find a soup for proceeding you have to incur expenses. When you succeed you have to realize that expenses has cost from the other side otherwise the whole process will be a huge loss. It may be necessary in money soups and some other soups that you have to pay at the bottom. Huge code fee you have to pay. Suppose I file a suit for 50 lakhs I have to pay around 5 lakhs as code fee and I file the suit against you. My suit is decreed but no cost. So if there is no cost I will not be able to recover this code fee from you that means the whole business is a failure for me is a loss for me. Therefore the court will add the costs. Costs will follow the event that is a general rule. So whoever succeeds would be entitled to costs except in exceptional cases where they contact to the parties also plaintiff may succeed but still the plaintiff may not be entitled to realize the costs as the court may order and the general rule is that the costs follow the event and if the court it is in the discretion of the court. Cost is always in the discretion of the court. The court exercises the discretion and proper reasons are also shown. The appropriate court will not interfere with that reason without exercise of discretion and an appeal on costs alone normally is not maintainable unless it is some principle is involved or some wrongful exercise of power is involved exceptional cases not be less. And if an appeal is entertained the court will look into whether the denial of cost was justified or not and say sometimes it happens by omission the court may then it can be by review it can be but still for review you have to pay half the court fee. There is no method to correct it otherwise if it is an omission you have to file an appeal there you have to pay court fee all these things will add to the expenses of the litigation. So the judicial officers the advocates and all the concern have to be very careful in dealing with the cases. The judicial officers must ensure that they deal with the cost interest and all those miscellaneous matters so that the parties will not be put to drill. And if something is omitted it is also the duty of the lawyer to find out of course he does not know what is going to happen in the jail plan but if the discussion goes he has to mention that aspect before court and that I have claimed the interest also I have claimed the cost also in this case I am entitled to cause all these things in one or two sentences being a look it for the plaintiff may mention otherwise the court will not may sometimes omit to do it and that will again result in loss and cause. Now let us see the provisions 35, 35A and 35B, A and W these are the provisions. Let us see I will also cite a few Supreme Court judgments I will just give the citation because the time is only one hour and therefore it may not be sufficient to cite all the decisions discussed in threadbare on see in detail etc. So I will give the citation you may read I will also mention the paragraph numbers. Now let us go to 35 first and while dealing with these provisions you have to also take care that whether commercial courts have been established in yourself and whether the case is before the commercial court. If it is before the commercial court special procedure is brought that is section 35 and 35A were amended and some substitution has taken place by the 2015 commercial courts act and in short commercial courts act. The name of the act is commercial courts commercial division and commercial operate division of my courts act 2015 act 4 of 2016 that is the full name but in short we will refer to as commercial courts act. So amendments have been made to 35A, 35 and 35A so you have to take note of it and those amendments commercial courts act section 16 says 16 read with the schedule 16 amendments to the court of civil procedure 1908 in its application to commercial disputes in the commercial courts act the commercial disputes are defined. Now section 16 says the provisions of the court of civil procedure shall in their application to any suit in respect of a commercial dispute of a specified value stand amended in the manner specified in the schedule. The commercial division and commercial court shall follow the provisions of the court of civil procedure as amended by this act in the trial of a suit in respect of a commercial dispute of a specified value 3 were in a role of the jurisdiction high court or any amendment to the court of civil procedure by the state government is in conflict with the provisions of the court of civil procedure as amended by this act the provisions of the court of civil procedure as amended shall be. This you must bear. Now when we understand these provisions apart from these provisions we have to also take note of order 20 capital A 20A plus the civil rules of practice of the particular state. For example when a suit is filed suit is decreed with the cause what constitute the cause several items are the depends on state to state civil rules of practice provide stamp on the college stamp on petitions code fee and to get fee as a linear expenses copying charges and charges for copy presentation of interrogatories. So many items are there and those items will be how it is done your suit is decreed with cause within a particular time mostly seven days that depends on the civil rules of practice of your particular state within a specified time the advocate appearing for the plaintiff has to produce a fee certificate in the fee certificate he has to calculate all these things and he has also to certify that he has received the fee the fee is this and to get fee if a particular amount is more than that and to get fee covers a particular amount then junior fee also one third will be provided all these items will be included in the fee list in the in the cost list cost list of costs and submitted to the court if the court approves it then becomes that will be certified as cause unless it is certified as cause the plaintiff may not be able to realize the cause from the defendant so that the advocate has to take care of now we will see the provision 35 in relation to any commercial dispute I am sorry 35 originally subject to such conditions and limitations as may be prescribed subject to such conditions and limitations as may be prescribed as may be prescribed means prescribed by rules order to be a and to the provisions of any law for the time being that involves the civil rules of practice for peace act players fee rules advocate fee it is regulated by a law in each state that is fee cannot be as you wish fee can be only according to the scale provided in this in that particular statute all these constitute the law the cause and incident to all suits shall be in the discretion of the court court shall decide whether the plaintiff is entitled to the cause if so how much and the court shall have full power to determine by whom and out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose of force set the fact that the court has no jurisdiction to try this shall not be a bar to the exercise of such force if ultimately it is found that the court has no jurisdiction to try either because of section 9 CPC will apply and there is a bar or because of some other reasons jurisdictional aspects still if some costs are incurred the court may avoid that cost no how that is like that is in a separate proceeding it can be done where the court directs that any cost shall not where the cost shall not follow the event the court shall state its reasons and right suit is dismissed suit is decreed with the cost the court may not state any reason for awarding cost suit is dismissed but without a suit is decreed but without cost suit is decreed but without cost why costs are denied the court must state its reasons then with respect to commercial disputes 35 the following section shall be substituted instead of the portion which I refer to some other portion is the whole thing is uh recast substitute in relation to any commercial dispute the court not understanding anything contain any other law for the time being imposed or who has the discretion to determine whether the costs are payable one party to another the condom of those costs and when they are to be paid explanation for the purpose of clause a the expression cost shall be reasonable cost relating to the fee and expenses of the witness incurred legal fee and expenses any other expenses incurred in connection with the proceedings if the court decide to if the court decides to make an order for payment of cost the general rule is that the unsuccessful party shall be ordered to pay the cost to the successful party provided that the court may make an order deviating from the general rule for reasons to be recorded in writing then an illustration is provided the plaintiff in his suit seeks a money decree for breach of contract and damages the court holds that the plaintiff is entitled to the money decree however it returns a finding that the claim for damages is prudence and vexation in such circumstances the court may impose costs on the plaintiff despite the plaintiff being successful party for having raised prudence claims for damages is the discretion and it is in so many words even before this amendment under the commercial courts act there are decisions to be effect when the courts discretion includes all these things but now after the commercial courts act that amendment of section 35 as per the schedule of that act the position has been made clear in spite of the fact that the plaintiff has succeeded still he may suffer costs because of his continuous contact because of his oppressive tactics, dilatory tactics, unreasonable claims all those things will come in such circumstances the court may impose costs on the plaintiff despite the plaintiff being successful party for having raised prudence claims for damages three in making an order for payment of costs the court shall have due regard have regard to the following circumstances that is detailed a the contact of parties b whether a party has succeeded on part of its case even if that party has not been fully successful whether the party c whether the party has made a fabulous counterplay leading to delay in disposal of the case d whether any reasonable offer to settle is made by a party and unreasonably refused by the other party is a new item before 35 was amended by the commercial courts act the question whether an offer was made to settle the dispute and some talks were going on some suggestions were made in writing and some were accepted some were rejected and ultimately this the compromise was not successful all those things no evidence can be used on those aspects no evidence can be used as to what transpired in the compromise talks and that is not that does not constitute an evidence for the decision of any issue in this but now after the commercial courts act that also is important provided it is based on record in the case reasonable offer to settle is made by a party and unreasonably refused by the other party is for the first time in any law to my knowledge such a promotion has been made so this is to promote reasonable settlements and early disposal of cases not the old theory of fighting fighting fighting and fighting is a welcome change no doubt about it whether the party has made a frivolous claim and instituted a vexatious proceeding wasting the time of the court that happens that happens I have seen several cases deliberately filed with fifty hundred parties in the cost item for big families partition suits by a party who has no share at all he will put forward a claim and ultimately after notice is sent to all these hundred persons it will take four years five years etc and then he will drag drag drag drag ultimately the parties will be fed up they will pay some amount and settle the dispute to get rid of this mess so there are such people who revel in such litigation to curb it it is required for the orders in which the court may make an order under this portion include an order that the party must pay a proportion of another party's cost a state stated amount in respect of any other party's cost cost from cost from or until a certain day cost incurred before proceedings have begun cost relating to particular steps taken in the proceedings cost relating to distinct part of the proceedings an interest on cost from or until a certain things interest on cost also I saw a decision of the Supreme Court interest on cost usually not allowed in our country but an award for a degree passed by a foreign court was sought to be accepted then this question arose recently to us decided by the Supreme Court and the Supreme Court allowed it I will give the citation so now after the commercial courts act interest on cost is also allowed so these are all the general principles relating to costs now compound what is compensatory cost 35 a 35 a compensatory cost in respect of a false or vexatious claim on defense in if in any suit or other proceeding including an execution proceeding but exploding an appeal or revision here not only the suit but execution also in 35 is only suit including an execution but exploding an appeal or revision any party objects to the claim or defense on the ground that the claim or defense or any part of it is as against the object or false or vexatious to the knowledge of the party by whom it has been put forward and if thereafter as against the object or such claim or defense is disallow abandoned or withdrawn in whole or in part the court if it's so things fit may after recording its reasons for holding such claim or defense to be false or vexatious make an order for payment to the objector by the party who by whom such claim or defense has been put forward of course by way of compensation so a party to the suit whether plainly for defense has put forward a claim or defense which is false or vexatious to the knowledge of the party who makes that claim or defense and ultimately the suit is decided against you or withdrawn or abandoned then the party who makes such vexatious claim frivolous claim has to pay the common central cost to the other party is the provision what is false vexatious etc all those things are guided by judicial pronouncements and it requires no explanation because that a case is false the court can find out that it is vexatious also it can be bought out by record conducted the parties all those things will play a role in finding out whether that party is liable to pay compensation to the other party compensatory cost to the other not compensation compensatory cost to the other no court shall make such order for payment of an amount exceeding 3000 rupees that 3000 rupees was substituted in 1976 instead of a small amount 1000 or exceeding the limits of its pecuniary jurisdiction whichever amount is less so the maximum though the section is contained high sounding words ultimately when it comes to the result the maximum that the court can grant is only 3000 rupees it should be enhanced even after 1999 CPC amendment and 2002 amendment came to courts at that time the parliament did not think it fit of course 95 was amended and the compensation amount was raised to 50,000 rupees but with certain restrictions that no separate suit will lie even that is low taking into account the changes in the society the inflation and the value of money all those things this 3000 rupees is a flea bite then pecuniary limits small courts provided proviso that proviso was deleted so far as the commercial force is concerned no person against three no person against two men order has been made under the section shall by reason thereof be exempted from the criminal liability in respect of any claim or defense paper some claim or defense may lead to criminal liability see suppose a claim is made or a defense is made which is per se defamatory to the other side he may file a suit or he may file a criminal complaint for defamation so even though his suit or defense was found to be vexatious frivolous and compensatory cause is granted as against you that does not that does not be a bar does not become a bar for the other side to file a criminal complaint or to find a suit no person who move against an order has been made shall by reason thereof be exempted from any criminal liability in respect of any claim or defense so far as civil liability is concerned that also proceeding can be taken but the amount granted under this section will be taken not all that is sub rule 4 the amount of any compensation awarded under this section in respect of a false or vexatious claim or defense shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defense so this is it now the third category is cause for causing delay here the court has more discretion more discretion and dilatory tactics can be properly contained by the court 35 a maximum is 3000 35 is circumscribed by certain rules therefore the administrative law principles where the Supreme Court grants heavy costs heavy costs in some cases 10 lakhs 15 lakhs like that which a civil court cannot do in a karnataka case a civil court did it but it was set aside by the Supreme Court I will give you the citation and the Supreme Court said that in administrative law the court may have that power but not while exercising the power under the code of suit that distinction has to be borne in mind but so far as 35 b is concerned I think no such rigid restrictions are there what is 35 b cause for causing delay if on any date fixed for hearing of a suit or for taking any step a party to the suit fails to take the step which he was required by or under the scope to take on that date fails to take the step which he was required or b obtains an adjournment for taking steps step or for producing evidence or on any other ground that in adjournment unnecessary adjourn then the court may for reasons to be recorded make an order reasons must be stated 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 to the expenses incurred by him in attending the court on that date and the payment of such cost on the date next following the date of such order shall be a precondition condition preceded to the further prosecution of the suit to cross that so suit is posted for final hearing trial on a particular date fixed various methods are available in different courts in our state there is a specialist system which was introduced in 1960 only two or three cases will be taken up for final hearing on that date that will be notified one month before and usually no adjournment will be there no adjournment will be there unless one is hospitalized or somebody is there and the number of dispositions in the country is highest in our state name in the state of Canada that is because and nobody need be worried about a particular he he can be sure whether his case will be taken up on a particular date if it is not in the specialist which was published one month ago he need not worry his case will not be taken up for final hearing or trial on that date he need not bring the witnesses he need not take steps for summons to the witnesses all those things unless it is put in the specialist he need not worry at all and once it is done broadly so suppose on a particular date the case is posted for trial specifically posted for trial and examination of the witnesses the party is in Delhi the case is in Kerala he comes all the way from Delhi and on some frivolous ground and adjournment is updated false ground or right ground who will bear the expenses for the journey he comes by flight who will bear the expenses the other party is suffering from fever he is not a falsehood he is but still the plaintiff had to incur the expenses who will bear the expenses the defendant has to bear and that is the what is called the day cause cause for causing delay and there there is some flexibility the court can do it pragmatically reasonably meaningfully and what happens that payment should be made on the next posting date next following date of such order and the payment of such cause on the date next following the date of such order shall be a condition precedent to the further cause on the date next following the date of such order that is if it is passed today tomorrow immediate payment unless that is done what will happen condition precedent for the further prosecution of the soup by the plaintiff where the plaintiff was ordered to pay cause the plaintiff obtains an adjournment and defendant incurs expenses court orders payment under 35 b that payment should be made as provided here otherwise the plaintiff will be but will not be allowed to continue the suit the defense of the defendant where the defendant was ordered to pay such cause he cannot further defending stop there so it is a drastic step court has abundant powers it is just like striking off defense it is not really striking off the defense but the defense will not be allowed suppose the plaintiff's evidence is over defendants evidence have to start defendant takes an adjournment unnecessary adjournment no reason and he prays for an adjournment court allows it but on payment of all these expenses have to be he has to pay the expenses as the defendant has to pay the expenses as provided in the school he fails to pay different cannot thereafter be allowed to continue his defense it's a very drastic step it is as good as failure where separate defense have been placed it can be accordingly dealt with the cause order to be paid under subsection one shall not if paid be included in the cause awarded in the decree passed the suit so that will not be carried over to the finance states over wins or loses that will not constitute cause of the suit so a plaintiff succeeds but he plays dielectric tactics and thereby an adjournment is obtained defendant has to be paid the cause here the plaintiff will not get that cause as part of the cause of the suit so this is for the immediate doing immediate payment if it is not done immediately as provided in the room further prosecution of the suit or defense will not will be prohibited will not be done and this will not be carried over to the final stage of the case to be included as cause of the suit so in the decree in the cost of the list of expenses lists of costs this item you will not find it must be recovered suppose it is not paid what will happen if it is not paid the consequences will follow what about the money there it is provided the cost order to be paid under subsection one shall not if paid be included in the cause awarded in the decree passed the suit but if the costs are not paid a separate order shall be a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the orders are drawn up shall be executable against such persons you need not wait for the decree that order if such an order will be passed the costs are not paid apart from the consequences mentioned in 35 the court will pass an executable order and it can be executed immediately in any manner which is known to law under the court of suit procedure for execution of decrees here it is money portion execution of money that can be done so this is a very effective provision but I doubt whether the courts are resorting to it I doubt whether the advocates are person so this is a provision which the advocates can take note of and make use of to curb the menace of unnecessary engine but somebody says this is a mutual adjustment that is why a advocate or b advocate will not press for it because tomorrow if a process it tomorrow a may do it b may do it press it so there is a mutual adjustment they will not resort it must be done so this is these are the provisions now I will refer to some of the very important decisions so very important there are several decisions to Supreme Court which deal with deals with repetitions and article 136 petitions before the Supreme Court and the court awarding heavy costs or contempt to proceedings etc court awarding heavy costs that may not apply to section 35 35 and 35 now I will refer to very important cases please note a year 2005 supreme court 33 53 33 53 sec citation 2005 6 sec 2005 6 sec 344 Salem advocate bar association Salem advocate bar association Tamil Nadu versus union of India this is Salem 2 case Salem 1 is in 2003 Salem 2 per CPC amendment the constitution and your otherwise was challenged by Salem advocate bar association there is a history behind that we are not concerned now because of positive time I am not explaining the reason why the history of the amendment and the history of Salem advocate association case and what happened here the various provisions which underwent amendment under the CPC amendment act 1999 2002 were discussed by the Supreme Court and so far as these provisions are concerned we are concerned with we are we need refer to paragraph 36 37 paragraph 36 and 37 of Salem 2 in paragraph 36 last sentence in 35 and 35 B there is no upper limit of the amount of cost 35 A there is an upper paragraph 37 I will read two or three sentences further whatever costs are awarded ordinarily the same are not realistic and are nominal when 35 2 provides for cost to follow the event it is implicit that the cost out to be those which are reasonably incurred by a successful party except in those cases where the court in its discretion might direct otherwise by recording reasons therefore the cost out to be actual reasonable cost including the cost of the time spent by the successful party even time besides the payment of court the lawyers be typing another cost it is for the high court to examine these aspects and wherever necessary make requisite rules so if the high court feels that the CPC the rules can be amended by the high court which can be done under C chapter 10 I think role committee 123 124 135 sections and that will be the role in that particular state but the courts are not doing it next is 2012 1 SCC 2012 1 SCC 455 Sanjeev Kumar Jain Sanjeev Kumar Jain versus Rekupir Saran Rekupir Saran charitable trust and others since there was no assessment of cost by the taxing officer of the high court award of cost cannot be justified etc therefore the court would not have put not have awarded cost exceeding the scale that was prescribed in the schedule to the rules doing so would be contrary to the rules we are of the view that merely by sinking a concept of the parties to award litigation expenses as cost the high court could not have adopted the procedure of awarding what it assumed to be the actual cost nor could it proceed to award a summer rupees 45 lakhs 28,000 as cost in an appeal relating to an interim order in a suit that is by justice RV revider and justice a paper man so relevant paragraph 9 paragraph 13 paragraph 14 paragraph 14 in the court said that the ceiling in regard to common set will cost should be at least 10 1 lakh but the court cannot do it amendment is required the parliament has to think of it therefore the legislature may consider award of punitive cost under 35 a that is in paragraph 15 then the court said in paragraph 16 periodical revision of court fee payable in regard to suits file in court high court diagonals etc it is necessary paragraph 17 commercial litigation the cost should be commensurate with the time spent by the courts then paragraph 19 advocate fee rules need for revision there is a old archived rule needs change all these things the supreme court has said only the parliament can do if there is no provision the sections the high court can do and even the rules according to next is 2010 8 SCC 1 2010 8 SCC 10 8 SCC 1 we don't say it versus they win their bazaar and that is also by justice RV revider plus justice R and lower the provision relating to compensatory costs with virtually in fractures and ineffective on account of inflation lack of appropriate provisions relating to cause have resulted in a steady increase of malicious vexatious faults frivolous and speculative suits apart from rendering section 89 of the court ineffective there is therefore an urgent need for the legislature and the locomotion of India to revisit the provisions relating to cause and compensatory costs contained in 35 35 of the court is in paragraph 39 and 41 of that then provision relating to compensatory costs in respect of faults or vexatious claims or defense has become virtually in fractures para 34 37 38 39 34 37 38 39 40 and 41 and para 19 151 is not approved section 151 is not approached on that conferring power to grant any kind of substantive relief that also is to be noted whether in spite of the absence of those provisions whether the court can have resort to section 151 no is not a provision of law conferring power to grant any kind of substantive relief it is a procedural provision saving the inherent power of the court to make such orders as may be necessary for the ends of justice and to prevent abuse of the process it cannot be invoked with the reference to a matter which is covered by a specific provision since there are specific provisions in the court relating to cause compensatory costs and costs for causing delay section 151 cannot be applied at all then para 41 lack of provisions appropriate provisions next is 2011 8 SCC 2011 8 SCC 161 Indian Council for Enviro legal action Indian Council for Enviro legal action versus union of India and others realistic cost must be there 10 lakhs was imposed but that is not under the CPC Supreme Court paragraph 223 paragraph 218 paragraph 157 and 158 are allowed next is AER 2017 Supreme Court 1 2017 Supreme Court 1 Alcon electronics private limited Alcon electronics private limited versus Salem SA of dash dash Salem SCE LEM SA I think some ship France and another dash dash France and nature of compensatory costs prescribed under section 35 are different from cost dealt with in 35 as the former are limited to claims of defense of a party which are frivolous or vexations then foreign judgment etc 44 a is referred to in India although the interest on costs are not available due to explosion of 35 the same does not mean that the Indian courts are powerless to execute the decree for interest on costs foreign decree Indian courts are very much entitled to address the issue for execution of the interest amount the right to 8% interest as per the judgments of UK can be recognized as well as implemented in India under the commercial courts act the amendment brought provides for interest on costs next is 2014 15 SCC 2014 volume 15 SCC 192 Simcoe Berla limited CIM CO Simcoe Berla limited versus Rovena Lewis Rovena Lewis para 15 and 17 just read a hoop suit pending for 27 years cost quantified but that is before the spring one next is AER 2012 Supreme Court AER 2012 Supreme Court 2528 Ramappa Gouda CN versus CC Chandray Gouda Chandray Gouda written statement in position of cost for ordering trial denouver trial a cryptic decree passed by the trial code without assigning any reason as to how the plaintiffs succeeded in proving the suit property was joined and defendants had failed to file the written statement spite of numerous opportunities cured once decree was passed defendants promptly filed a P held high court was justified in demanding the matter to court for denouver trial for giving fresh opportunity but cost of rupees 25,000 order that is by the Supreme Court where decree was passed decree is cryptic without any reason but what about the defendant he did not file a written statement that does not mean that the suit should be decreed if the suit cannot otherwise be decreed the absence of the defendant or even if he is present absence of filing of written statement is not a ground if the suit cannot be granted it cannot be decreed suppose a suit is filed and it is on the pace of it bought by limitation going by section 3 of the limitation act the court shall dismiss or if a claim is made which is clearly unsustainable as per law clearly unsustainable as per law even if the defendant does not appear the court has to dismiss it so the appearance of defendant alone is not the criteria next is a year 2012 supreme court 1094 election petition mongani lal mandal mongani lal mandal versus bishnu deo bandari bishnu deo bandari deo 2000 next is 2012 to a cc 2012 to a cc 196 resec lal manik chand resec lal manik chand thari ward and the other versus measures mss food products mss food products para 69 and 70 and para 70 this point has been dealt with i will read you two sentences the doctrine of proportionality has been expanded recent types and applied to areas other than administrative law doctrine of proportionality however in our view its applicability to the adjudicatory process in determination of civil disputes governed by the procedure prescribed by the court is not at all necessary the court is a comprehensive and exhaustive respect of matters provided the parties must abide by the procedure described by the court etc this is by two judges of the supreme court paragraph 17 long paragraph you may read 2010 volume 10 scc 141 alka gupta versus narendra kumar gupta main thrust of discussion is under order to rule 2 but in paragraph 22 and 23 we also failed to understand how cost of it is 50 000 could be leaving this court has repeatedly stated that in dealing with the civil suits courts will have to follow the provisions of the court of procedure paragraph 23 the conductor the defendant is found to be unscrupulous or unbecoming it is open to the court at that stage to decide upon the consequences that would be visited upon or peaceful play not avoiding huge amounts yes next is 2009 10 scc 84 raja v2 builders ra reva g2 builder i'm sorry i committed a mistake reva g2 builders reva g2 builders and developers versus narana swami and sons paragraph 66 67 66 and 67 next is 2009 2 scc 656 656 asho kumar mithal versus ram kumar gupta by justice ravindran and justice panchal a very detailed judgment very detailed judgment 50 000 rupees or 1 lakh cross are normally awarded only in good proceedings and public interest litigation and not in civil litigation justice ravindran repeatedly said so in various judgments three or four judgments that is this is applicable only to administrative law proceedings supreme court and high court and reputations and public interest mitigations not otherwise so very detailed judgment next is a year 1981 supreme court 1400 1400 rafiq versus when she learned there an appeal was disposed of council was absent council was absent dismissal set aside by the supreme court but and to restore the appeal but the costs are to be paid by that degree cause directed to be recovered from appellants outsell who absent it is a rare decision of the supreme court then a year 1964 supreme court 489 five edges lexmi naran versus first traditional dj cause against court of law see there will be no order as to cause throughout where the main respondent is a supreme court and below was a supreme court and below was a court itself and ordinarily no costs are granted against a court para nine there will be no order as to cause throughout as the main respondent in this court and below was a court itself and ordinarily no costs are granted para nine then some high court judgments are there i am not spending time on it high court judgments if you are interested i may do it 35 a recital which i have already referred to the rest of it all i have noted several decisions but all high courts now 35 b 2000 a year 2010 supreme court 508 a year 2010 supreme court 508 manohar Singh versus ds sharma and another ds sharma and another when 35 b states that payment of such costs on the date next following the date of order shall be a condition preceded for further prosecution it clearly indicates that when costs are levied should be paid on the next date of hearing next date of hearing and if it is not paid the consequences mentioned there it shall follow set provision will not come in the way of the court in its discretion extending the time for such payment in the exercise of general power to extend time under section 148 cc 35 b does not contemplate or require dismissal of the suit as an automatic consequence of non-payment 35 b costs must be paid on the next date and if it is not done there are some consequences provided very drastic consequences that does not mean that the court does not have power to extend court has power section 148 section 151 all come into play non-payment of costs results in for future of the right to further prosecute the suit of defense as the case may be no party can routinely be given exception then in para 8 if costs levied for seeking an agenda to cross-examine a witness are not paid the appropriate course is to close the cross-examination is to close the cross-examination of the witness and prohibit the further prosecution of the suit or the defense as the case may be by the defaulting point para 8 a conspectors a conspectors of the above provisions clearly demonstrates that under the scheme of cpc a suit cannot be dismissed for non-payment of costs non-payment of costs results in for future of the right to further prosecute the suit or defense as the case may be award of cost is an alternative available to the court instead of dispensing with the cross-examination and closing the evidence of the witness so these are the steps I have cited only very important decisions with that the time comes to an end only five minutes more if you have got any doubt you may ask to be clarified so this is and now one one minute I I forgot to refer to 35 a an expression abandoned 35 a withdrawn abandoned that comes under order 23 false or fabulous vexatious and thereafter I second subject to such claim on defense is disallowed abandoned or withdrawn disallowed means code this allows abandoned or withdrawn abandonment and withdrawal takes effect as per the provisions of order 23 or 1 abandoned means abandoned you can abandon no doubt about it but he cannot file a fresh suit withdrawal he can withdraw a suit two aspects are the withdrawal without the permission of the withdrawal with the permission if withdrawal is without the permission of the court he cannot thereafter file a suit on the same if it is with the permission of the court he can file a suit on the same cause of action on the same matter again these are the aspects to be noted order 23 the old one also becomes relevant while dealing with that thank you Mr. Vikas and the viewers thank you sir as usual the session was insightful this is Shriram Yadav can we use this cost application in section 125 CRPC cost under section 125 CRPC 125 CRPC also maintenance maintenance can we use this cost application in maintenance applications this cost can be awarded I have to refer to that provision CRPC yeah and this is by Anisha Pandey whether cost incurred in the advocates legal notice before going to the court is also included in the decree as cost yes yes that depends on the civil rules of practice of your state that depends on the civil rules of practice of your particular state see in our rules in our rules in Kerala state I will show that civil rules of practice yes order 28 order 28 expenditure incurred by giving any notice required to be given by law before institutional suit then expenditure incurred on any notice which though not required to be given by law has been given by any party to or another party before institutions it is not in our state also throughout India unless amended by your state so this is a provision the CPC order 30 capital A rule one then particular rules in that particular state so I do not know whether in your state this is amended is a provision which is applicable all throughout India so notice required to be given by law before institutions for example section 18 notice unless it is for urgently certain claims against the government or governmental agencies a notice under section 80 is required otherwise it cannot be entertained so that notice was sent the expense of that notice or even if the law does not require a notice to be sent but a notice was sent the expenses yes thank you sir so the inclusive of time we have done spot on one hour and we have all thoroughly enjoyed the session the insights given by you and tomorrow friends who stay connected with us tomorrow we will be having a session on characteristics of lease and license distinguishing features purposes and objectives by Justice Haripa Shar a former judge from Kerala High Court to stay connected with us thank you everyone stay safe stay blessed and sir it's always a pleasure connecting