V SURYANARAYANAMURTY Vs. Y KAMESWARAMMA

JUDGEMENT

(1.) The only question that arises for consideration in this revision is whether it is a case which merits awarding compensatory costs under section 35-A of the Civil Procedure Code.

(2.) The plaintiff as well as witness P.W. 2 have both been made liable for payment of compensatory costs. The reason given by the District Munsif in para. 6 of the judgment is this:

(3.) A Court before awarding compensatory costs should satisfy itself that the claim made by the plaintiff is false or vexatious to his knowledge and that the interests of justice require compensatory costs to be awarded. The mere fact that the claim was false or somebody was instrumental in making the plaintiff file a false claim is not sufficient to make the plaintiff and his witness to pay compensatory costs.