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Understanding the 1908 Civil Procedure Code: Expenses Payable to Court Explained
The Code of Civil Procedure, 1908 (CPC) is a comprehensive statute that provides for the procedure to be followed in civil litigation. One of the major aspects discussed in the CPC is the concept of ‘expenses payable to court’. The CPC provides clear instructions on what constitutes expenses, who is to pay them, and when they are to be paid.
In this article, our legal experts from SimranLaw, will break down this complicated topic for you. Drawing from our years of experience, we aim to give you a comprehensive understanding of this very important aspect of the CPC.
The Concept of Expenses Payable to Court
The first thing to understand about expenses payable to court is that it covers more than just the legal fees paid to your lawyer. Some of the things that are considered expenses under the CPC include:
- Court fees
- Expenses incurred on notice served
- Expenses on witness
- Expenses of documents & copies
- Expenses of interpreter, etc.
Who Pays the Expenses?
Usually, the party which loses the case is ordered by the court to pay the expenses of the proceedings. But this is not a hard and fast rule and it’s ultimately up to the discretion of the court.
Relevant Case Laws and Judgments
1. J.K. Iron & Steel Co. Ltd vs The Iron and Steel Mazdoor Union [1956 AIR 231]
In this case, the court held that the allowable expenses are not strictly limited to court fees and lawyers’ fees. They also include the expenses incurred on account of summons, notice, adjournments and other incidental expenses.
2. Manubai N Govind vs Yashvant Bhikhabhai & Co. [1997 (6) SCC 59]
This judgement clarified that when a suit is dismissed, plaintiff cannot claim refund of court-fee paid on the plaint or any part of it.
3. A.S. Sivaram Prasad vs Patel Harischandra Prabhudayal [1989 AIR 2116]
This case highlighted the fact that the court has discretion to award costs based on the complexity of the litigation, the behaviour of the parties, and the overall conduct of the proceedings.
The concept of expenses payable to court in the Civil Procedure Code, 1908 is broad. It gives the court considerable discretion in determining who should bear the costs of a legal proceedings These costs can be substantial and have a significant impact on the ultimate outcome of a lawsuit.
The team at SimranLaw hopes this article enhances your understanding of courtroom expenses, giving you a clearer insight into the workings of our legal system and empowering you with knowledge for your legal journey.