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The Code of Civil Procedure, 1908: page 48

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 48, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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Uttar Pradesh
   Section 35-A or Schedule of the Act.—(1) For the existing sub-section (1), the following
shall be substituted ;
          “(1) If in any suit or other proceeding, including proceedings in execution, but not being
     an appeal or revision, the court finds that the claim or defense or any part thereof is false or
     vexatious to the knowledge of the party by whom it has been put forward and if such claim
     or defense or such part is disallowed abandoned or withdrawn in whole or in part, the court
     may, after recording its reasons for holding such claim or defense to be false or vexatious, make
     an order for the payment to the successful party of costs by way of compensation irrespective
     of the decision on other issues in the case.”
[Vide Uttar Pradesh Act XXIV of 1954, s. 3]
     1
     [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
                                                                           e
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in
                                                                          od
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—                                                                   aC
             (a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs,
                                                                di
                                                              In
             (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.]

                                                               PART II
                                                              EXECUTION
                                                                General
         2
       [36. Application to orders.—The provisions of this Code relating to the execution of decrees
(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed
to apply to the execution of orders (including payment under an order).]
      37. Definition of Court which passed a decree.—The expression “Court which passed a decree,”
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in
the subject or context, be deemed to include,—
         (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the
     Court of first instance, and




1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977).
2. Subs. by s. 16, ibid., for section 36 (w.e.f. 1-2-1977).


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