SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONERCentral

Section 118 of The Code of Civil Procedure, 1908

Execution of decree before ascertainment of costs.

Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

Summary

This section applies to certain High Courts when they are acting as the first court to hear a case.
It allows these High Courts to enforce a judgment immediately.
The court does not have to wait until the final legal costs are calculated (taxed) to start execution.
Only the part of the judgment that doesn't involve costs is executed right away.
The costs part of the judgment can be executed later once the amount is officially determined.

Practical examples

1The Delhi High Court orders a tenant to vacate a commercial building immediately. The court allows the landlord to take possession now, even though the specific legal fees the tenant must pay won't be calculated until next week.

2In a trademark dispute, the High Court orders an company to stop using a logo. The injunction starts today, but the bailiff will only collect the legal expenses after the court's accountant finishes the "taxation" process.

FAQ

1. What does Section 118 of the Code of Civil Procedure, 1908, allow regarding costs?

Section 118 of the Code allows a High Court to execute a decree before the final costs are ascertained or calculated by the court.

2. Does Section 118 of the 1908 Act apply to all courts?

No, Section 118 of the Act specifically applies to High Courts exercising their original civil jurisdiction.

3. When can the costs part of a decree be executed under Section 118 of the Civil Procedure law?

Under Section 118 of the Code, the costs can be executed as soon as the amount is officially ascertained by the taxation process.

Test yourself

1.Under Section 118 of the Code of Civil Procedure, 1908, which court can order execution before costs are ascertained?

2.What is the exception to immediate execution under Section 118 of the 1908 Code?

3.Under Section 118 of the Code of Civil Procedure, 1908, costs are determined by:

4.In Section 118 of the 1908 Act, the term "ascertained by taxation" refers to:

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