Case Law Analysis
|Delhi High Court
Section 35A CPC - Curable Cost Default Does Not Require Striking Off Defence; Restoration on Payment of Rs 10,000 : Delhi HC
A defence struck off for non-payment of costs can be reinstated upon payment of a nominal fee, as the Delhi High Court held that a curable cost default is not a ground for irreversible forfeiture. This safeguards defendants' right to plead in civil proceedings under the CPC.