Is the following order a decree: “An order imposing cost”.

Question: Is the following order a decree: “An order imposing cost”.

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Answer

In the case of Babu Khan v. Smt. Annapurna Devi & Ors AIR 1983 Allahabad 460, Hon’ble Justice Jagat Narayan observed-

“With the highest respect, I am unable to agree that an order with regard to costs can be regarded as an adjudication with regard to the matter in controversy in the suit….”

While taking the above view Justice Jagat Narayan, did not agree with the view expressed by the Madras High Court in Jusjisti Mahapatra v. Magata Patro (1933) 64 MLJ 695.

In this case, the following observation is made by Judge Jackson-

“No doubt if the Court had been so disposed it might simply have recorded “Leave granted to withdraw,” and then the appellant would be in the same position as if he had not appealed at all; but when the Court went further and considered the award and distribution of costs it is difficult to see how it has not expressed an adjudication and therefore passed a decree.”

Hence the order of imposing cost is a decree and is not an order.

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