Question

Under Section 35B of the Code of Civil Procedure, 1908, where a party fails to take a step required by the court on the date fixed, the court may:

• A. Grant adjournment as a matter of right.
• B. Dismiss the suit.
• C. Impose costs on the defaulting party.
• D. Proceed ex-parte against the defaulting party.

Hint:

Think of Section 35B as the "delay penalty." If you aren't ready with your required steps on the scheduled date, the court hits your pocketbook with costs, not necessarily the case itself!

Answer 1

The Correct Option is C

Step 1: Understand the purpose.
Section 35B of the Code of Civil Procedure, 1908 is a rule meant to stop parties from causing needless delay in a case. It encourages everyone to do their part on time so trials move faster.

Step 2: Read what the section covers.
The section applies when a party fails to take a step that the court had asked it to take on a fixed date. The question is what the court may do in that situation.

Step 3: Find the power given.
Section 35B allows the court to order the defaulting party to pay costs. These costs are paid to the other side to make up for the delay and the wasted time.

Step 4: See the real aim.
The idea is not to punish by throwing out the case, but to discourage delay through a money penalty. It keeps the case on track without ending it.

Step 5: Remove the wrong options.
Granting adjournment as a right (option 1) is not what the section says. Dismissing the suit (option 2) is too harsh for this provision. Proceeding ex-parte (option 4) is a different remedy under different rules, not Section 35B.

Step 6: State the answer.
So the court may impose costs on the defaulting party. \[ \boxed{\text{Impose costs on the defaulting party.}} \]