Costs for causing delay
Section 35B of the Code of Civil Procedure, 1908 deals with costs for causing delay. 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 Co The Act came into force on 01 Jan 1909.
1[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 defendant 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.]
Section 35B, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manohar Singh v. D.S. Sharma
Court's Decision & Legal Precedent
Judgment of Main Case order-8.pdf 2009-11-13. CA 7554-7555/2009. Raveendran/Singhvi. DATE-CHECK flagged 2004-01-06/07/02-09 trial dates (false positive); body is the named 13 Nov 2009 reportable. CPC 35B: non-payment of delay costs does not dismiss the suit; it only bars further prosecution by the defaulting party. Court may extend time under 148 only in exceptional cases. Map cpc 35B only. Do not pad CPC 35/35A/151 (filled) or 148 (incidental).
On this section: Non-payment of CPC 35B delay costs does not dismiss the suit; it only bars the defaulting party from further prosecuting the suit or defence (Manohar Singh).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… relied upon by the learned Senior Counsel for the petitioner in support of his submission that the arbitral cost awarded by the learned arbitrator was exorbitant and unreasonable is concerned, a perusal of the said Judgment indicates that the Supreme Court had considered the provision for payment of cost under Section 35, 35A and 35B of the Code of Civil Procedure, 1908 and not under Section 31A of the Arbitration Act. The said Judgment thus would not assist the case of the petitioner. The said Judgment is even otherwise distinguishable in the facts of this case. 90. In so far as submission of the learned Senior Counsel that though the clause …
Questions about Section 35B
What have the courts held on Section 35B of the Code of Civil Procedure?
Manohar Singh v. D.S. Sharma (13 Nov 2009) is the leading judgment on this section among those set out below: Non-payment of CPC 35B delay costs does not dismiss the suit; it only bars the defaulting party from further prosecuting the suit or defence (Manohar Singh).
How do I find court cases under Section 35B of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 35B, section 35B CPC, section 35B of the Code of Civil Procedure. People searching for it also type s 35b cpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Manohar Singh v. D.S. Sharma (13 Nov 2009).
When did Section 35B of the Code of Civil Procedure come into force?
Section 35B of the Code of Civil Procedure, cited as CPC 35B, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.