...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 case...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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...the stage of evidence. Further, on 13.11.2025, with cost of Rs.1,000/- stay was granted, failing which, suit would be dismissed under Section 35B of CPC as in earlier occasion also, the petitioner...before the Trial Court. He also submitted that the closure of the petitioner's evidence, despite a justified and genuine request for adjournment under Order XVII Rule 1 of CPC, has resulted in grave.... 7. In view of the above, the impugned order dated 25.11.2025 is hereby quashed. The application filed under Order XVII Rule 1 of CPC is allowed. The Trial Court is directed to grant one opportunity...

..., on 13.11.2025, with cost of Rs.1,000/- stay was granted, failing which, suit would be dismissed under Section 35B of CPC as in earlier occasion also, the petitioner did not deposit the cost, but by...closure of the petitioner's evidence, despite a justified and genuine request for adjournment under Order XVII Rule 1 of CPC, has resulted in grave prejudice to her rights and has virtually deprived her...impugned order dated 25.11.2025 is hereby quashed. The application filed under Order XVII Rule 1 of CPC is allowed. The Trial Court is directed to grant one opportunity to the petitioner to adduce the...

...stage of evidence. Further, on 13.11.2025, with cost of Rs.1,000/- stay was granted, failing which, suit would be dismissed under Section 35B of CPC as in earlier occasion also, the petitioner did not...Trial Court. He also submitted that the closure of the petitioner's evidence, despite a justified and genuine request for adjournment under Order XVII Rule 1 of CPC, has resulted in grave prejudice to...view of the above, the impugned order dated 25.11.2025 is hereby quashed. The application filed under Order XVII Rule 1 of CPC is allowed. The Trial Court is directed to grant one opportunity to the...

...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 observed as under:“9...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 the scheme of CPC, a...

...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 defence...-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 section 35b rather...

...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 CPC deals with.... 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 regard to the scheme and object of section 35B, it...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 would fall within the purview of Section 35B...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. 12. On 12.08.2025, the matter was adjourned to 03.09.2025 by the trial court at specific request of learned counsel for petitioner/defendant. On 03.09.2025, the application of petitioner/defendant under Order XIII Rule 17 CPC was...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 Court to...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 below...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 the scheme and object of section 35B, it...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 CPC which...

...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 objections, it is necessary for this...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 the...

...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 entertain a...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 court below, after...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...

...grounds of violation of mandate under Section 35B CPC, 1908.4. Mr. Sanjiv Bahl, learned counsel appearing for the petitioner draws attention of this Court to page...based not only on the mandate of Section 35B CPC, 1908 as also based clearly on the judgment of Hon'ble Supreme Court in Manohar Singh v. D. S...38 of the Delhi Rent Control Act, 1958, 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...

...that the suit was dismissed many times. 22. The learned Trial Court vide order dated 22.07.2023 dismissed the suit under section 35B of CPC on account of non...Section 35B of CPC does not contemplate or require dismissal of suit as the automatic consequence of non-payment of costs. He states that the action of respondent no. 1 for dismissing the suit...and he has not fulfilled the condition of restoration as imposed vide order dated 20.08.2019. The suit is accordingly dismissed for non compliance of condition and under Section 35 B of CPC...

...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 CPC for...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 Code of Civil...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...