(1) 32 If the plaintiff or appellate making a suit or complaint or appeal wins the case, he or she shall be entitled to have recovery from the defendant or opponent the summons, process and duplicate fees paid by him or her and such legal practitioner’s fee, reasonable expenses incurred for experts, witnesses and attorneys as may be recoverable pursuant to the prevailing laws and such other expenses as well, as appear reasonable from the case-file, and if the plaintiff or appellate loses and the defendant or opponent wins the case, the defendant or opponent shall be entitled to the recovery of the above-mentioned fee, charge or expenses required to be paid by him or her from the losing plaintiff or appellant.
(2) If the case is canceled (rejected) or dismissed by virtue of the suit, complaint being incapable of being tried since only the plaintiff gives up the recognizance while the defendant is in attendance on the appointed dates, the defendant shall be entitled to have the recovery of the fee chargeable on him or her from the plaintiff.