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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A suit pending before a civil court in Kerala is sought to be moved to a civil court in Gujarat. The applicant's motion is dismissed by the Supreme Court under Section 25 as frivolous and vexatious. Which statement is correct?

The Supreme Court may order the applicant to pay compensation to the person who opposed the application, not exceeding two thousand rupees. Under Section 25(4) this is discretionary and applies only where the application is found frivolous or vexatious.

  1. AThe Court may order the applicant to pay the opposing person compensation not exceeding two thousand rupeesCorrect
  2. BThe Court must order compensation of exactly two thousand rupees
  3. CThe Court may order compensation up to ten thousand rupees
  4. DThe Court has no power to award any compensation

Explanation

Section 25(4) lets the Supreme Court, if it thinks the application frivolous or vexatious, order the applicant to pay the opponent such sum as it considers appropriate, not exceeding two thousand rupees. It is discretionary, not mandatory, and the ceiling is two thousand, not ten thousand.

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