Section 35 of CPC : Section 35: Costs.

Explanation using Example

Example 1:

Scenario: Rajesh files a lawsuit against his neighbor, Suresh, for damaging his property. Rajesh claims Rs. 1,00,000 for the repairs and an additional Rs. 50,000 for mental distress.

Court Decision: The court finds that Suresh is responsible for the property damage and awards Rajesh Rs. 1,00,000 for repairs. However, the court finds the claim for mental distress to be frivolous and without merit.

Application of Section 35:

• The court exercises its discretion under Section 35(1) and decides that Suresh should pay the costs related to the property damage claim.
• The court also decides that Rajesh should bear the costs related to the frivolous claim for mental distress, despite being the successful party in the property damage claim.
• The court records its reasons in writing for not following the general rule that the unsuccessful party pays the costs.

Example 2:

Scenario: Meena sues a company for breach of contract, seeking Rs. 5,00,000 in damages. The company countersues Meena, claiming that she breached the contract first and seeks Rs. 2,00,000 in damages.

Court Decision: The court finds that both parties are partially at fault. Meena is awarded Rs. 3,00,000, and the company's counterclaim is dismissed as frivolous....

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