Report No. 77

Q. 49. Costs in frivolous cases.-

Have you any suggestion regarding the provisions relating to costs?1 How far would you favour an amendment of the Code of Civil Procedure, 1908, to the effect that in civil cases,2 if the suit or defence should be found by the court to be frivolous, the court should have power to direct the party concerned to pay to the opposite party, his costs, on an actual basis and not merely on the basis of the legal taxable costs?

1. Order 20A of the Code of Civil Procedure, inserted in 1976, and also section 35 of the Code.

2. Section 35A of the Code of Civil Procedure, 1908.