Vol. 5, Issue 2 (2019)
Critical analysis of Provision for 'Cost' under civil procedure code, 1908
Author(s): Saurabh Kumar
Abstract: The Law regulating the procedure to be followed in civil court is governed by the Civil Procedure Code, 1908 and this Code is one of the most important branches of the procedural law. The civil procedure code, 1908 is an adjective law, which deals with the administration of civil proceedings in India. This code is divided into two parts, first part contains of total 158 sections, which is substantial in nature and second part contains first schedule, which has total 51 orders and rules, which is procedural in nature. If we examine, the first part is different from the other substantial law as other substantial law provides, some rights to the person or impose some restriction, as the case may be, but here, this only talks about the general principal relating to the jurisdiction of the court. The second part of this code i.e. orders and rules prescribe procedures and method that govern civil proceeding in India. This article focuses on the provisions of cost. ‘Costs’ have been incorporated in section 35, 35-A, 35-B and section 95 of CPC for the purpose of acting as a deterrence against frivolous vexatious claims made. Dictionary meaning of the term Cost is ‘‘Cost is a pecuniary allowance made to the successful party for his expenses in prosecuting or defending a suit or a distinct proceeding with a suit”. In further reading we will go in detail with the meaning of the term ‘cost’, Kinds, provisions and imposition of cost.