Code of Civil Procedure - Order XXI Rule 39(5) Sums disbursed under this rule by the decree-holder for the subsistence and the cost of conveyance if any) of the judgment-debtor or shall be deemed to be costs in the suit: Provided that the judgment debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.
My Queries are as follows:-
1. In the above provision of law, what does 'deemed to be cost in the suit' mean?
2. Does the deeming provision imply that there is no need for a specific order by the Court awarding cost? Does it mean that cost paid by Decree Holder towards subsistence allowance for J.D. is automatically payable by J.D. even if there is no specific order by the 'executing court'?
Awaiting your kind responses.
