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CS Professional · Drafting, Pleadings and Appearances · Pleadings

A civil court in Nagpur, with pecuniary jurisdiction up to Rs 2,00,000, finds a claim by Kavita false and vexatious after the objector raised the objection, and the claim was withdrawn. Applying Section 35A(2) of the Code of Civil Procedure, 1908 as printed, what is the maximum compensatory costs it can award (no High Court limit applies)?

The maximum is Rs 3,000. Section 35A(2) of the Code of Civil Procedure, 1908 caps compensatory costs at three thousand rupees or the court's pecuniary jurisdiction, whichever is less, and Rs 3,000 is far below the court's Rs 2,00,000 limit.

  1. ARs 2,00,000, being its pecuniary limit
  2. BRs 3,000, being the lesser of the cap and its pecuniary limitCorrect
  3. CRs 1,000, the original cap
  4. DRs 250

Explanation

Section 35A(2) bars an amount exceeding three thousand rupees or exceeding the court's pecuniary jurisdiction, whichever is less. Between Rs 3,000 and Rs 2,00,000 the lesser is Rs 3,000. Rs 1,000 was the earlier cap, replaced by the 1976 amendment.

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