Section 35B CPC — Costs for Causing Delay

Section 35B CPC deals with costs imposed on a party for causing delay in the disposal of a suit. It is intended to discourage parties from unnecessarily delaying proceedings and to ensure that civil litigation progresses efficiently.

Section at a Glance

Particular	Details
Section	Section 35B CPC
Subject	Costs for causing delay
Nature	Procedural
Purpose	Discourage unnecessary delay
Related provisions	Sections 35 and 35A

Meaning of Section 35B CPC

Section 35B allows the court to order a party to pay costs where that party has failed to take a required step or has otherwise caused delay in the proceedings.

The provision operates as a procedural deterrent against delaying tactics.

The costs imposed under Section 35B are commonly described as costs for causing delay or adjournment costs.

Essential Requirements

1. Failure to Take a Required Step

The party may have failed to perform an act required for the progress of the suit.

2. Delay in Proceedings

The failure must have resulted in delay in the disposal of the suit.

3. Order for Payment of Costs

The court may direct the defaulting party to pay costs as a condition for taking the next procedural step or for obtaining further opportunity in the proceedings.

Purpose of Section 35B

The provision seeks to:

• Prevent unnecessary adjournments.
• Discourage procedural delays.
• Ensure parties comply with directions of the court.
• Promote timely disposal of suits.
• Protect the opposing party from unnecessary litigation expenses.

Section 35B and Section 35

Section 35	Section 35B
General costs of litigation	Costs specifically connected with delay
Generally determined as part of the litigation	Imposed because of procedural default or delay
Broad discretion	Operates when the statutory conditions are satisfied

Section 35B and Section 35A

Section 35A	Section 35B
False or vexatious claims or defences	Delay in proceedings
Compensatory in nature	Intended to discourage procedural delay
Targets abuse through false claims/defences	Targets failure causing delay

Consequence of Non-Payment

Section 35B contains an important procedural consequence.

Where a party has been ordered to pay costs under the provision, payment of those costs is generally a condition for further prosecution or defence of the suit, subject to the court’s power under the Section.

This prevents a party from repeatedly causing delay without facing a procedural consequence.

Important Case Law

Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344

Principle: The Supreme Court recognised the importance of effective costs and procedural discipline in preventing unnecessary delay in civil proceedings.

Relevance: The decision supports the broader objective of using costs to promote efficient conduct of litigation.

Manohar Singh v. D.S. Sharma, (2010) 1 SCC 53

Principle: The Supreme Court considered the consequences of non-payment of costs imposed under Section 35B and explained the relationship between payment of costs and the right to proceed with the suit.

Relevance: The case is particularly important for understanding the procedural effect of Section 35B.

Practical Example

A defendant repeatedly fails to take a procedural step despite directions from the court, causing the hearing to be adjourned.

The court may impose costs under Section 35B. Payment of those costs may be made a condition for the defendant to continue participating in the proceedings, subject to the statutory framework.

Common Confusions

Section 35B Is Not the Same as Section 35A

Section 35A deals with false or vexatious claims or defences.

Section 35B deals with delay caused by procedural default.

Every Adjournment Does Not Automatically Attract Section 35B

The provision is concerned with delay attributable to the conduct or default contemplated by the Section. Courts must apply it according to the circumstances of the case.

Practical Importance in Civil Litigation

Section 35B encourages advocates and litigants to:

• Comply with procedural directions.
• Avoid unnecessary adjournments.
• Prepare for hearings properly.
• Complete required procedural steps within the prescribed time.
• Avoid conduct that unnecessarily prolongs the litigation.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 35B deals with costs for causing delay.
• It targets procedural default that delays the progress of a suit.
• Payment of costs can have consequences for the party’s further participation in the proceedings.
• Section 35B is distinct from Section 35A.
• Manohar Singh v. D.S. Sharma is an important authority.

Important Questions to Prepare

1. Explain the object of Section 35B CPC.
2. When can costs be imposed for causing delay?
3. What is the effect of non-payment of costs under Section 35B?
4. Distinguish Sections 35, 35A and 35B.
5. Explain Section 35B with reference to Manohar Singh v. D.S. Sharma.

Key Legal Principles

1. Section 35B is designed to discourage delay in civil proceedings.
2. Costs may be imposed where a party’s failure or conduct causes procedural delay.
3. Payment of such costs may be linked to the party’s further prosecution or defence of the suit.
4. The provision promotes procedural discipline and timely disposal.

ALSO READ: Section 35A – Compensatory Costs for False or Vexatious Claims or Defences

Key Takeaways

Concept	Principle
Section	Section 35B CPC
Subject	Costs for causing delay
Trigger	Procedural default causing delay
Purpose	Prevent delaying tactics
Section 35	General costs
Section 35A	False or vexatious claims/defences
Key case	Manohar Singh v. D.S. Sharma
Main effect	Costs may become a condition for further proceedings