Code
Section 118. 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.
Explanation of Section 118 CPC
Section 118 of the Code of Civil Procedure, 1908 empowers certain High Courts to execute a decree even before the exact amount of litigation costs has been determined. This provision applies to decrees passed by High Courts while exercising their original civil jurisdiction.
In many civil cases, the court passes a decree in favour of a party, but the process of calculating legal costs may take additional time. If the High Court believes that immediate execution is necessary, it may allow execution of the substantive part of the decree without waiting for the taxation of costs.
Therefore, the successful party does not have to wait unnecessarily for the completion of cost calculations.
Meaning of Taxation of Costs
Taxation of costs refers to the process by which the court determines the exact amount of legal expenses and costs payable by one party to another.
These costs may include:
- Court fees.
- Advocate’s fees.
- Expenses incurred during the proceedings.
- Other litigation-related costs.
The taxation process ensures that only reasonable and permissible expenses are awarded.
Execution Before Determination of Costs
Section 118 CPC allows the High Court to separate the principal relief granted by the decree from the costs awarded in the suit.
As a result:
- The decree may be executed immediately regarding the main relief.
- The portion relating to costs may be executed later after taxation.
This approach prevents delays in the enforcement of decrees.
Purpose of Section 118 CPC
The purpose of Section 118 CPC is to promote speedy execution of decrees. Delays in determining litigation costs should not prevent a successful party from obtaining the benefits of a decree.
The provision also improves judicial efficiency by allowing the court to deal with costs separately.
Applicability of Section 118 CPC
Section 118 primarily applies to High Courts exercising original civil jurisdiction. It gives these courts the discretion to permit immediate execution when circumstances require urgent enforcement.
The court exercises this power after considering the facts of each case.
Importance of Section 118 CPC
Section 118 CPC protects the rights of decree-holders by preventing unnecessary delays in execution proceedings. It ensures that pending cost calculations do not obstruct the enforcement of judicial decisions.
Consequently, the provision strengthens the effectiveness of civil decrees and promotes timely justice.
Illustration
Illustration 1
A High Court passes a money decree in favor of the plaintiff. However, the taxation of legal costs remains pending.
The High Court may allow the plaintiff to execute the money decree immediately while postponing the execution of costs until they are determined.
Illustration 2
A decree directs the delivery of property to the successful party.
The court permits immediate execution of the property portion of the decree, while the litigation costs are calculated separately.
Illustration 3
The taxation officer requires additional time to determine legal costs.
The High Court may still order execution of the main decree without waiting for the final cost assessment.
Common Questions and Answers
1. What is the purpose of Section 118 CPC?
Answer:
Section 118 CPC allows the execution of a decree before the exact amount of litigation costs is determined.
2. What does taxation of costs mean?
Answer:
Taxation of costs refers to the process of calculating and determining the legal expenses payable by one party to another.
3. Can the entire decree be executed immediately?
Answer:
The main portion of the decree may be executed immediately, while the part relating to costs may be executed after the costs are determined.
4. Which courts can exercise this power?
Answer:
This provision applies to High Courts exercising original civil jurisdiction.
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Conclusion
Section 118 CPC enables High Courts to order the immediate execution of decrees even when litigation costs have not yet been determined. The provision prevents unnecessary delays and ensures that successful parties receive timely relief. By separating the execution of the main decree from the assessment of costs, Section 118 promotes efficiency and strengthens the administration of civil justice.
