Description

Section 35B of the Code of Civil Procedure (CPC), 1908, was inserted by the Civil Procedure Code (Amendment) Act, 2002, and is primarily designed to discourage delays in the adjudication of civil suits. This section provides for the imposition of costs against a party who causes unnecessary delay in the proceedings. It ensures that the party responsible for delaying the case compensates the opposing party for the inconvenience and expense caused by the delay.

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Key Features of Section 35B - Costs for Causing Delay

1. Purpose of Section 35B:

   • The main aim of Section 35B is to impose a penalty on parties who deliberately cause delays in civil litigation, whether by filing unnecessary applications, requesting multiple adjournments, or by other means.
   • It emphasizes the efficiency of the judicial process and aims to prevent unnecessary delays that cause injustice to the opposing party.
   • The provision makes it clear that those who disrupt the expeditious handling of a case should be held financially accountable for the resulting delay.

2. Imposition of Costs for Delay:

   • Under Section 35B, the court is empowered to award costs against the party who causes delay in proceedings. These costs are in addition to the regular costs that the court might award in the case.
   • The costs for delay are imposed as a way to deter parties from engaging in tactics aimed at dragging the case unnecessarily. This ensures that the judicial system remains fair and efficient, and that parties are incentivized to expedite the resolution of cases.
   • The court’s discretion is key in determining whether to impose such costs. If the court finds that the delay was caused by bad faith, malice, or unjustifiable reasons, the party responsible can be penalized.

3. Grounds for Delay:

   • Unjustified adjournments: A party may request an adjournment, but if the reason is found to be invalid or unreasonable, it may be considered as a tactic to delay the case.
   • Non-compliance with procedural requirements: If a party fails to comply with certain legal requirements or does not take necessary steps to move the case forward, it can be seen as a deliberate attempt to cause delay.
   • Failure to appear: When a party fails to appear for hearings without justifiable reasons, it often results in a delay in proceedings, which can lead to imposition of costs.
   • Frivolous or repeated applications: Filing multiple applications with no substantial ground to delay the proceedings is another way of causing unnecessary delay.

4. Award of Costs for Delay:

   • The court’s discretion includes determining the amount of costs for delay. The amount varies depending on the specific circumstances of the case and the nature of the delay caused.
   • These costs are not intended to be a punitive measure but to ensure compensation to the other party for the time and resources spent because of the unnecessary delay.
   • Section 35B provides an incentive for parties to act promptly, as failure to do so will result in them bearing the financial burden of the delay.

5. Procedure for Awarding Costs:

   • If the court concludes that a party is responsible for a delay, it can, during or at the conclusion of the hearing, order that the party causing the delay pay costs.
   • Opposing party: The party adversely affected by the delay may be entitled to reimbursement for the additional expenses incurred because of the delay.
   • Scope of Costs: These costs may include legal fees, travel expenses, court fees, and any other costs directly related to the delay caused by the responsible party.

6. Types of Delay and Their Impact:

   • Prolonged litigation: In cases where the party intentionally drags the litigation on for an extended period, it impacts the opposing party's ability to seek timely justice and can result in higher costs.
   • Delay due to frivolous claims or defenses: If the case is delayed due to unnecessary claims, or unwarranted defenses, the court may impose additional costs for causing the case to last longer than required.
   • Administrative delay: This refers to delays caused by either party failing to take necessary actions, like not filing documents on time or not complying with procedural steps.

7. Deterrent against Abusive Litigation:

   • The law aims to reduce abusive litigation tactics that aim to waste the court’s time and the opposing party’s resources. Section 35B helps to discourage such tactics by making those responsible for delays financially accountable for the inconvenience caused.
   • The law acts as a deterrent to parties that might be inclined to use delay as a strategic tool to harm or frustrate the other party.

8. Impact on the Litigants:

   • Section 35B holds a party financially liable for delays, which helps to maintain the speed and efficiency of the legal system.
   • It helps reduce the burden on the courts by ensuring that parties remain diligent and responsible in the management of their cases.

Punishment

1. Imposition of Costs:

   • The punishment under Section 35B is financial in nature, as it involves the payment of compensatory costs to the other party. This is not a criminal penalty, but it serves as a penalty for delaying justice and causing undue hardship to the opposing party.
   • The punishment is aimed at deterring parties from misusing the legal system for unnecessary delays and burdening the other party with additional costs.

2. Consequences of Delay:

   • If a party deliberately causes delay, such as by filing unnecessary applications or requests for adjournment, the court will order them to bear the extra costs incurred by the opposing party due to the delay.
   • The failure to comply with court orders in a timely manner or deliberately delaying proceedings will result in the imposition of financial penalties in the form of costs for delay.

3. Execution of the Awarded Costs:

   • If the party found responsible for the delay does not pay the costs for delay as ordered by the court, the opposing party can initiate execution proceedings to recover the costs through garnishment, attachment of property, or other measures.