Code of Civil Procedure, 1908

Order XX-A CPC Rules 1 and 2: Costs in Civil Suits

Order XX-A of the Code of Civil Procedure, 1908 supplements the general provisions relating to costs. Rule 1 identifies particular litigation expenses that a Court may award as costs, while Rule 2 requires such costs to be awarded in accordance with rules made by the High Court.

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Important: Order XX-A operates without prejudice to the Code's other provisions relating to costs. Actual recoverability and quantification may also depend on applicable High Court rules, State amendments and other procedural provisions.

Rule 1 - Provisions relating to certain items

Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of:

(a) expenditure incurred for giving any notice required to be given by law before the institution of the suit;

(b) expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit;

(c) expenditure incurred on the typing, writing or printing of pleadings filed by any party;

(d) charges paid by a party for inspection of the records of the Court for the purposes of the suit;

(e) expenditure incurred by a party for producing witnesses, even though not summoned through Court; and

(f) in the case of appeals, charges incurred by a party for obtaining copies of judgments and decrees required to be filed along with the memorandum of appeal.

Rule 2 - Costs to be awarded in accordance with rules made by High Court

The award of costs under this Order shall be in accordance with such rules as the High Court may make in that behalf.