CPC Section 35A: Compensatory costs in respect of false or vexatious claims or defences
Code of Civil Procedure, 1908 · Part 1: Suits in General
[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit or other proceedings [including an execution proceeding but [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it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, [if it so thinks fit], may, after recording its reasons for holding such claim or defence to be false or vexatious, make an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. [(2) No Court shall make any such order for the payment of an amount exceeding [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), [or under a corresponding law in force in [any part of India to which the said Act does not extend] and not being a Court constituted [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 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.]
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 9. Courts to try all civil suits unless barred
- 10. Stay of suit
- 11. Res judicata
- 12. Bar to further suit
- 13. When foreign judgment not conclusive
- 14. Presumption as to foreign judgments
- 15. Court in which suits to be instituted
- 16. Suits to be instituted where subject-matter situate
- 17. Suits for immovable property situate within jurisdiction of different Courts
- 18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- 19. Suits for compensation for wrongs to person or movables
- 20. Other suits to be instituted where defendants reside or cause of action arises
- 21. Objections to jurisdiction
- 21A. Bar on suit to set aside decree on objection as to place of suing
- 22. Power to transfer suits which may be instituted in more than one Court
- 23. To what Court application lies
- 24. General power of transfer and withdrawal
- 25. Power of Supreme Court to transfer suits, etc
- 26. Institution of suits
- 27. Summons to defendants
- 28. Service of summons where defendant resides in another State
- 29. Service of foreign summonses
- 30. Power to order discovery and the like
- 31. Summons to witness
- 32. Penalty for default
- 33. Judgment and decree
- 34. Interest
- 35. Costs
- 35B. Costs for causing delay