26Compensation payable by plaintiff to defendant in certain cases
In any suit in which the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit.
When any claim preferred, or objection made, under section 278 of the 1Code of Civil Procedure (14 of 1882), is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit.
And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation—bar any suit in respect of injury caused by the attachment.
Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.
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1Ins. by Act 4 of 1906, s. 2.
- 23 Repealed
- 24 No written statement except in cases of set-off
- 25 Return of documents admitted in evidence
- 26 Compensation payable by plaintiff to defendant in certain cases
- 27 Decree-holder to accompany officer executing warrant
- 28 Things attached to immovable property and removable by tenant to be deemed movable in execution
- 29 Discharge of judgment-debtor on sufficient security
- 30 Court may in certain cases suspend execution of decree
- 31 Execution of decree of Small Cause Court by other Courts
- 32 Minors may sue in certain cases as if of full age
- 33 Power to delegate non-judicial duties
- 34 Registrar to hear and determine suits like a Judge
- 35 Registrar may execute all decrees with the same powers as a Judge
- 36 Decrees and orders of Registrar to be subject to new trial as if made by a Judge