Imposition of compensatory costs in respect of false or vexatious clais or defences is dealt under

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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22.

Imposition of compensatory costs in respect of false or vexatious clais or defences is dealt under

A: Section 33 of CPC

B: Section 35A of CPC

C: Section 30 of CPC

D: Section 35 of CPC

The answer is: B

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Explanation

The correct option is B: Section 35A of CPC.

This section deals with compensatory costs, to be paid in respect of claims or defences that are false or vexatious to the knowledge of the party making them. If such claims or defences are disallowed, abandoned or withdrawn, the court may order the party who made them to pay costs by way of compensation to the objector. The amount of such costs cannot exceed three thousand rupees or the limits of the court's pecuniary jurisdiction, whichever is less. This section is intended to discourage frivolous litigation and to compensate the aggrieved party for the expenses incurred in defending or opposing such claims or defences.