Case dismissed with costs?

Hello Prashant.

When a ‘case is dismissed with costs’, it means the petition has been disallowed (failed) and the petitioner must pay the necessary costs incurred by the party responding to it ie. the trouble and expense that party went to defending and succeeding in their defense.

In a case, the Bombay High Court interpreted the meaning of the words, ‘Plaintiff’s suit is dismissed with costs’ to mean that the plaintiff is to pay the costs of the defendants, and if there is more than one defendant he would have to pay the costs of all the defendants, since prima facie every defendant is entitled to defend the suit in such manner as he thinks fit and with the help of any pleader in whom he has confidence.’

The cost incurred would include the cost incurred by the opposite party(s), in defending their law suit, the expenses of the lawyers, the Court fees, etc.

-Regards

Advocate Pooja

www.lawkonect.com