Write short notes on Costs.

Question: Write short notes on Costs.

Find the answer to the mains question only on Legal Bites. [Write short notes on Costs.]

Answer

“Costs” means statutory allowances which a winning party is entitled to get from the losing party to reimburse himself for expenses, incurred in defending or prosecuting the proceedings.

The code provides for the following kinds of costs

i) General costs – Section 35;

ii) Miscellaneous costs – Order 20-A;

iii) Compensatory costs for false and vexatious claims or defenses – Section 35-A; and

iv) Costs for causing delay – Section 35-B.

Section 35 of The Civil Procedure Code, provides for cost in a suit. The object of the section in awarding costs to a litigant is to secure to him the expense incurred by him in the litigation. It does not provide for penalty or punishment on the party. According to this section, the costs of the suit shall be at the discretion of the court. Such discretion must be a judicial discretion to be exercised on legal principles. Costs are awarded in proportion to the success and failure of the parties in the action.

Order 20-A makes specific provisions with regard to the power of the court to award costs in respect of certain expenses incurred in giving notices, typing charges, an inspection of records, obtaining copies, and producing witnesses.

Section 35-A provides for compensatory costs.

Section 35-B is the costs inserted to put a check upon the delaying tactics of litigating parties.

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