Answer By law4u team
Yes, legal expenses can be claimed in a recovery suit in India, but they are subject to the court's discretion and specific legal provisions. How Legal Expenses Can Be Claimed in a Recovery Suit Under Civil Procedure Code (CPC), 1908 Section 35: The court may award costs to the winning party, including legal expenses. Section 35A: If the suit is found to be false or vexatious, additional costs can be imposed. As a Contractual Clause If the contract between the parties includes a clause for legal expenses, the claimant can demand reimbursement. By Filing a Separate Claim The plaintiff can request legal expenses as part of damages in the suit itself. Under Specific Statutes Certain laws (like Negotiable Instruments Act, 1881 for cheque bounce cases) allow courts to grant legal costs. When Courts May Reject Legal Expense Claims If the expenses are excessive or unreasonable. If the case is settled out of court without legal cost provisions.
