Mehr ASHRAF vs STATION HOUSE OFFICER Ss — 2022 PLD 328 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Mehr ASHRAF vs STATION HOUSE OFFICER Ss
Subject matter: Civil
Provisions referred to: S. 35-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Section 35, C.P.C., deals with actual costs while S. 35-a with compensatory costs---actual costs reimburse the expenses incurred by the successful litigant in asserting his rights/claim but the court's discretion in awarding them is subject to certain limitations---Section 35 aims at reimbursement of reasonable litigation expenses to the successful party, the costs awarded under said section should be realistic---In contrast, the compensatory costs envisaged by S. 35-a are a compensation for false and vexatious claims and defences and are in addition to the actual costs---In awarding them the court does not take into account the actual injury to the person or property of party which can be claimed in a separate suit for damages.

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