CPC Section 35B: Costs for causing delay
Code of Civil Procedure, 1908 · Part 1: Suits in General
[35B. 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 that 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 defendent was ordered to pay such costs.
Explanation.—Where separate defences have been raised by the defendant 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 the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons. ]
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
- 35A. Compensatory costs in respect of false or vexatious claims or defences