Discussion
Under Section 35B of the Code of Civil Procedure, 1908, where a party fails to take a step required by the court on the date fixed, the court may :
Answer: B
The court may impose costs as a precondition for allowing further prosecution.
Section 35B of the Code of Civil Procedure, on costs for causing delay, lets the court order a party who fails to take a step on the date fixed, or obtains an adjournment for it, to pay costs to the other party. Payment of those costs on the next date is a condition precedent to the further prosecution of the suit by the plaintiff, or of the defence by the defendant, if the defaulting party is the defendant.
An adjournment is never a matter of right. Dismissal is not the remedy the section provides, and proceeding without any condition would defeat its purpose of compensating for delay.
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