Law: Civil Procedure Code (V of 1908)

Section: 35A,O.XLVII,R.1

Law: North West Frontier Province (Enforcement of Certain Provisions of Law) Act, (II of 1989)

Section: 2

Civil Procedure Code (V of 1908)--- ----S. 35-A & O. XLVII, R.1---North-West Frontier Province (Enforcement of Certain Provisions of Law) Act (II of 1989), S.2---Compensatory costs--­Imposition of---Review---Imposition of compensatory costs was objected to contending firstly, that S.35-A, C.P.C. had not been extended to Province of North-West Frontier Province and; secondly, that objection with regard to vexatisness and frivolity of suit was nor taken by defendant at initial stage in his written statement and that no finding of that effect was recorded by Trial Court arid Appellate Court---Validity--Both contentions had no force because S.35-A, C.P.C. was enforced on 28-5-1989 vide North-West Frontier Province (Enforcement of Certain Provisions of Law), Act, 1989 and objection with regard to vexatiousness and frivolity of suit was taken at initial stage in written statement alleging that plaintiff was a chronic litigant and that suit had been filed to harass defendant and issue to that effect was also framed---Trial . Court and Appellate Court had discussed that point at length and Trial Court had imposed costs after recording reasons which on appeal was reduced---Petition for review was dismissed. ORDER In this Review Petition, the petitioner has sought the review of the judgment in so far as the upholding of compensatory costs of Rs.5,000 under section 35-A, C.P.C, is concerned. 2. Learned counsel for the petitioner submitted that section 35-A, C.P.C. has not been extended to this Province, therefore, the imposition of…

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