Explanation of CPC Section 35

--------As Per Amendment in Punjab 
In section 35, subsection (1), the following shall be substituted:

(1) Subject to such conditions and limitations, as may be prescribed, and to the provisions of law for the time being in force, the costs of an incident to all suits and other proceedings in the suit including execution proceedings, shall follow the event, and the Court shall have full power to determine by whom or out of which property and to what extent such costs are to be paid, and to give all necessary directions for the purpose aforesaid.

(1a) The fact that the Court has no jurisdiction to try the suit shall be no bar to exercising the powers under subsection (1).

Punjab Act, 14 of 2018, S. 9 

--------As Per Amendment in Islamabad 

For section 35, the following shall be substituted:

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,—

(i) a party to any proceedings shall, before the announcement of final order, judgment or decree, file in the prescribed form, details of actual costs of litigation, including but not limited to court fee, stamp fee, fee paid to counsel and all other ancillary or incidental expenses thereto;

(ii) the Court shall award the actual costs of litigation under clause (i) to the successful party with markup not exceeding the prescribed limit per annum, as notified by the State Bank of Pakistan, at the time of passing the order, judgment or decree;

(iii) the costs other than those mentioned in clause (i) shall be in the discretion of the Court; and

(iv) the Court shall have full power to determine out of what property such costs are to be paid and recovered and to give all necessary directions for the purposes aforesaid.

(2) The fact that the Court has no jurisdiction in respect of the proceedings shall be no bar to the exercise of such powers under this section.

Act, 17 of 2017, S. 2 

--------As Per Amendment in Balochistan

In the said Code, in section 35, in sub-section (1), for the words “shall be in the discretion of the Court”, the words with comma “and other proceedings in the suit including execution proceedings, shall follow the event” shall be substituted.

Balochistan Act, 13 of 2019, S. 7