Topic

delay in civil proceedings

1 articleLatest May 2026
Section 35B CPC | Non-Payment of Costs as Condition Precedent Justifies Striking Off Defence: Himachal Pradesh HC
Case Law Analysis
|Himachal Pradesh High Court

Section 35B CPC | Non-Payment of Costs as Condition Precedent Justifies Striking Off Defence: Himachal Pradesh HC

The Himachal Pradesh High Court ruled that non-payment of costs ordered under Section 35B of the CPC is a valid ground for striking off a defendant’s defence, reinforcing that compliance with cost orders is mandatory, not discretionary. This decision underscores the judiciary’s intolerance for dilatory tactics and ensures procedural discipline in civil litigation.