M.R.SHARMA, J.

1. The facts of the case are given in the elaborate order of reference*prepared by my learned brother P.C. Jain, J. and I need not repeat them all over again. The short question which this Full Bench is called upon to decide is whether the provisions of Section 35-B of the Code of Civil Procedure (hereinafter referred to as the Code) are mandatory, and if so, to what extent. For facts of the case please refer to judgment delivered by Hon ble Prem Chand Jain, J.

2. In spite of the elaborate provisions contained in the Code, the civil cases pending before the trial Courts are not being disposed of as expeditiously as is desirable. The causes for these delays are of course many, which need not be detailed here. It suffices to mention that the matter received the attention of the Law Commission, which made an elaborate inquiry into the matter and submitted its report to the Government of India with the recommendation that the Code of Civil Procedure 1908 be thoroughly overhauled and re-enacted. The said report contained a recommendation that a new section, namely Section 35-B be added to the Code to make provision for costs being awarded to the aggrieved party fo