...that date neither the cost was paid nor the written statement filed. By invoking provisions of Section 35B of CPC, the defence of the petitioner-management was struck off. On 19.11.2003, when the ...material has not been produced before the Court. This submission that some other orders could be passed under Section 35B of CPC also is misconceived. Once the cost is awarded, then the payment of such.... The defence of the petitioner-Management was again struck off in view of the provisions of Section 35-B of CPC.4. The respondent-workman was directed to adduce his evidence and he...

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...Counsel for petitioner that the petitioner was suffering only for non-payment of costs.4. I consider that in view Section 35B of CPC, the petition of the petitioner is liable to be...Manohar Singh v. D.S Sharma, (2010) 1 SCC 53, Supreme Court considered the effect of not depositing costs in the light of Section 35B, CPC and...time for payment of costs, having regard to the fact that such costs under Section 35B were itself levied for causing delay.11. A conspectus of the above provisions clearly demonstrates that under th...

...Case No.117/04, whereby an application preferred on behalf of the respondent-plaintiff under section 35b read with section 151 cpc has been allowed and accordingly, further prosecution of the defe...-plaintiff even after opportunities being granted by the court and therefore, the respondent-plaintiff preferred an application under section 35b read with section 151 cpc for closure of the further...provisions of Section 35-B of CPC. Learned counsel urged that the costs imposed upon the petitioner vide order dated 17.3.11 was not in terms of the provisions of ...

...provisions of Section 35-B, 148 and Order 17 C.P.C have been considered. Paragraphs 5 and 6 of the said authority are quoted below:—“5. Section 35B of .... But the said provision will not come in the way of the court, in its discretion extending the time for such payment, in exercise of its general power to extend time under section 148 of CPC. Having regar...costs for causing delay.9. Relevant portion of the said section extracted below:“35B. Costs for causing delay. - (1) If, on any date fixed for the hearing of a suit or...

...application.7. Learned counsel for the appellant in his elaborate submissions has sought to take us through the provisions of sections 35, 35a, 35b of cpc to contend that at best the present case woul...of CPC. He further submits that as per sub-section (2) of section 35b, if costs are not paid, they are to be included as costs awarded under the...Section 35B (1).9. The aspect of costs has agitated the minds of various judicial forums. The reason is that the matters keep on getting delayed without adequately compensating a party for...

...of DW1, so learned trial court closed the right of defendant to lead evidence. This order also was perfect in the eyes of law cited above on Section 35B of the Code. ...but also contumaciously defies clearing the cost, consequences stipulated under Section 35B of CPC, reiterated by the Supreme Court in the above cited judicial pronouncement must follow. It is high..., application of the petitioner/defendant under Order XIII Rule 17 CPC (treated by the court as under Order XVIII Rule 17 read with Section 151 CPC) was dismissed. 2. Learned counsel for...

...the court in respect of Section 35B of CPC, whereas in the present case the issue is as regards Section 11(7) of the Act, which gives unfettered powers to the Industrial Tribunal/Labour C...recover the same as arrears of land revenue under Section 11(7) of the Industrial Disputes Act, 1947 and that the Tribunal does not have the power to dismiss a case for...failure to deposit costs, and that such a power does not even vest in the civil court by virtue of Section 35-B of the Code of Civil Procedure. In support of his submissions...

...an application (C-19) under Order 15 Rule 5, CPC read with Section 35B of CPC praying therein that defence of respondent No. 4 be ordered to be struck off. In the said..., Small Causes Court, Lucknow whereby the application moved by the petitioners-landlord (C-19) under Order 15 Rule 5 of the CPC for striking off defence of the defendant for..., CPC seeking permission of the court to sue as an indigent person. The said prayer/application was presented on 04.07.2006 and was registered as Misc. Case No. 68-C of 2006. The petitioner was...

...suit. The Hon'ble Supreme Court held thus: "5. Section 35B of CPC deals with costs for causing delay. Relevant portion of the said section extracted ...said provision will not come in the way of the court, in its discretion extending the time for such payment, in exercise of its general power to extend time under section 148 of CPC. H...regard to the - fact that such costs under section 35B were itself levied for causing delay. 7. We may also refer to the provisions of Rule 1 of Order XVII...

...of Section 35B CPC. Keeping in view the above, this Court is constrained to dismiss the writ petition, on account of the fact that the defence of the petitioner-Trust stands struck off. (G.S...stayed subject to payment of wages under Section 17-B of the Industrial Disputes Act, 1947. It is the case of the counsel for the respondent No.2 that he is being paid Rs.2160/- per month. CM-11028-CWP...In the present writ petition the petitioner-Trust challenges the Award of the Labour Court, Hisar dated 07.11.1997 (Annexure P-8), whereby respondent No.2 has been entitled for...

...VII of CPC and Section 35B of CPC have been made. 31) For disposal of an application under Rule 11 of Order VII of CPC and its o...Thapliyal, Advocate for respondent no. 1. None for other respondents. Honble Lok Pal Singh, J. Present election petition is instituted under Article 329 of the Constitution of India read with Section 80...applicable to this Court) and there is no compliance of Section 81 of the Representation of the People Act, 1951 and as such the election petition is liable to be dismissed under Section 86(1) of ...

...under Section 35B CPC. Since in this mater the cost was imposed under Section 35B CPC, the trial court dismissed the application for waiving of cost.3. I find no reason to e...considered this argument and observed that the limit of Rs. 3,000/- was there only where costs were imposed under Section 35A CPC. However, there was no limit of Rs. 3,000/- where cost was imposed...of the petitioner under Order IX Rule 7 CPC praying for setting aside ex-parte order dated 26 February, 2007 was allowed by the trial court, subject to cost of Rs. 20,000...

...Section 35B of the CPC, but the defendant-respondents did not file any written objection against the said application under Section 35B of the CPC.11. The learned...hearing the parties passed an order on 19.7.2013 rejecting the application under Section 35B of the CPC with an observation that from the conduct of the plaintiff-petitioners and their engaged learned...section 35B of the CPC only with view to harass the defendant-respondents and for taking a wrongful gain.12. Being aggrieved and dis-satisfied with the aforesaid order dated 19.7.2013...

...suit under section 35B of CPC on account of non-payment of cost which was found to be a pre-condition for restoration of the suit. The order reads as under:- ...in a large number of decisions. We may notice a few of them." 25. Further, the petitioner submits that Section 35B of CPC does not contemplate or requ.... The suit is accordingly dismissed for non compliance of condition and under Section 35 B of CPC…" 23. Hence, the present contempt petition...

...has been made in haste.3. Appeal against this order of 11.01.2013 was also dismissed on 18.04.2014 by the first Appellate Court. Order of the lower court under Section 35B of the ...the suit on account of non-payment of costs under Section 35-B CPC, appeal lies as the dismissal of the suit under Section 35B is a “decree” as defined in the C...Appellate Court. Since appeal is a right created by the statute under Section 104(1)(ff) CPC and no Regular Second Appeal is provided against such order of first Appellate...

...Arun Bhansali, J.:— The petitioner is aggrieved by passing of the order dated 20.3.2015 by the trial court, whereby while accepting the application under Section 35B CPC filed by the respondents, further...trial court by its order dated 8.11.2013 and 16.11.2013 and when application under Section 35B CPC was filed, despite grant of sufficient opportunities, submissions were not made by/on behalf of the...2013 was disposed of by the trial court by order dated 20.3.2015 based on the material available on record.3. The conduct of the petitioner-defendant in not paying the cost and...

...appellants contended that having regard to the provisions of section 35B of CPC, if costs levied on plaintiff are not paid, the court can only stop further prosecution of the suit by the plaintiff...submitted that section 35B does not confer power to dismiss the suit for non-payment of costs. Learned counsel for the second respondent, on the other hand, supported the judgment of the trial court, as affirmed by...the said provision will not come in the way of the court, in its discretion extending the time for such payment, in exercise of its general power to extend time under section 148 of CPC. Having regard to t...

..., the appeal of the petitioners/appellants seeking the right to lead evidence on the application under Order IX Rule 13 CPC, 1908 was closed on the grounds of violation of mandate under Section ....14. Even on merits, the impugned order is absolutely sustainable in law since the same is based not only on the mandate of Section 35B CPC, 1908 as also based clearly on...petitioners challenge the order dated 15.09.2021 passed in RCT No. 15/2020 titled ‘Yashwant Sahu v. Ashok Kumar’ whereby in an appeal under Section 38 of the Delhi Rent Control Act, 1958...

...the lower court under section 35b of the cpc for non-payment of costs results in finally deciding the suit and would not be termed as interim revisable order. It is appealable. Appeal was preferred...under Section 35-B of the Civil Procedure Code (for short, the CPC) as also order dated 18.04.2014 of Additional...the petitioner submits that against an order of dismissal of the suit on account of non-payment of costs under Section 35-B CPC, appeal lies as the dismissal of...