Ardra Goodwin, Symbiosis Law College, Pune
INTRODUCTION
The Indian civil justice system has evolved considerably from the ancient scriptures of Arthashastras or Vedas in early Indian history to the East India company’s civil justice system.1 Presently, the 1908 Code of Civil Procedure is applicable. The main objective of the Procedural code is to consolidate and amend laws to become an aid to justice and further its ends instead of defeating it; as opined in cases like Ghanshyam Dass v. Dominion of India (1984)2 and Sangram Singh v. Election Tribunal (1955)3 The code can be divided into two parts firstly body of the code (158 sections) and secondly Schedule (51 Orders, Rules and Forms).
Section 35 of the Civil Procedure Code deals with “Costs”. Black’s Law dictionary defined costs as “the pecuniary allowance made to the successful party for his expenses in prosecuting/defending a suit or a distinct proceeding with a suit”. There are different kinds of costs: General costs (Section 35), Compensatory costs for false and vexatious claims/defences (section 35-A), Costs for causing delay (section 35-B), Miscellaneous costs (Order 20-A).
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