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CS Professional · Drafting, Pleadings and Appearances · Pleadings

In a suit before a court (outside J&K and Ladakh) the Court finds a defence false and vexatious under Section 35A. The Court's pecuniary jurisdiction is very high. What is the maximum compensatory cost it can award under Section 35A(2) as worded in the text?

The maximum is three thousand rupees. Section 35A(2) says no Court shall order an amount exceeding three thousand rupees or its pecuniary jurisdiction limits, whichever is less. Where jurisdiction is high, three thousand rupees is therefore the ceiling, subject to the J&K and Ladakh omission.

  1. ARupees one thousand
  2. BRupees three thousandCorrect
  3. CRupees ten thousand
  4. DAny amount within its pecuniary jurisdiction

Explanation

Section 35A(2) bars an order exceeding three thousand rupees or the limits of the Court's pecuniary jurisdiction, whichever is less. With high jurisdiction, the cap is three thousand rupees. One thousand was the earlier figure before amendment.

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