35B. Costs for causing
delay.- (1) If, on any date fixed for the hearing
of a suit or for taking any step therein, a party to the suit—
(a) fails to take the step which he was required by or under
this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing
evidence or on any other ground,
the court may, for reasons to be recorded, make an order
requiring such party to pay to the other party such costs,
as would, in the opinion of the court, be reasonably sufficient
to reimburse the other party in respect of the expenses incurred
by him in attending the court on that date, and payment of
such costs, on the date next following the date of such order,
shall be a condition precedent to the further prosecution
of,—
(a) the suit by the plaintiff, where the plaintiff was ordered
to pay such costs,
(b) the defence by the defendant, where the defendant was
ordered to pay such costs.
Explanation : Where separate defences have been raised by
the defendants or groups of defendants, payment of such costs
shall be a condition precedent to the further prosecution
of the defence by such defendants or groups of defendants
as have been ordered by the court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1),
shall not, if paid, be included in the costs awarded in the
decree passed in the suit; but, if such costs are not paid,
a separate order shall be drawn up indicating the amount of
such costs and the names and addresses of the persons by whom
such costs are payable and the order so drawn up shall be
executable against such persons.
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