Cost of the suit when imposed whike delivering the judgment
Balaji Bakthavathsal
(Querist) 16 November 2017
This query is : Resolved
Dear Learned Advocates,
I would be very grateful if you clarify the following doubt of mine.
1) When an appeal is filed against the judgment/Decree of the lower court in the next appellate court, and the lower court has imposed cost of the suit, should the appellant pay the cost imposed along with the court fee while applying for the appeal ?
2) And when there are more respondents, whether the cost is applicable to each f the respondents or to be dived amongst them ?
Thanks & Regards
Balaji
Dr J C Vashista
(Expert) 19 November 2017
The order of appellate court is required to be perused, which has to be unambiguous.
The appellant is required to pay the cost, if the Court has burdened him, with court fees as applicable in the appeal.
The cost imposed by Trial Court should be paid by all appellants (defendants in original suit) collectively and not individually, however, it shall have to be shared by them.
Rajendra K Goyal
(Expert) 19 November 2017
Agree with the expert Dr. J.C. Vashishta.
