Under the Code of Civil Procedure in an order for payment of costs the fact that Court has no jurisd...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

Under the Code of Civil Procedure, in an order for payment of costs, the fact that Court has no jurisdiction to try the case –

Shall be no bar to the exercise of powers given to it under the provision

Shall be a bar to the exercise of powers given to it.

Stands on an independent footing

None of the above

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Explanation:

Section 35 of Code of Civil Procedure –

35. Costs—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.