section 35B
Costs for causing delay
The Jammu and Kashmir Code of Civil Procedure Act, 1920Part I SUITS IN GENERAL
B. Costs for causing delay.-(1) If, after the institution of the suit, any party to the suit obtains an adjournment of hearing of the suit or examination of witnesses brought under his control or to perform any other act necessary to the further progress of the suit, the Court may, for reasons to be recorded, award costs not exceeding one hundred rupees to the other party to the suit: Provided that where the defendant was responsible for the adjournment, the 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. 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 names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable.
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