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V K (owner)     02 February 2016

Cost of suit

hello,

decree order says defendant must pay cost of suit to the plaintiff. The case is almost close now in the civil partition suit as the partition is done and possession given to all parties involved.

What is included in cost of suit?

How must plaintiff recover cost of suit? Weather the partition suit must be closed and new suit for recovery of cost of suit must be filed or the cost of suit can be recovered in this itself? Kindly guide me regarding procedure learned Sirs.



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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 February 2016

The cost of the suit shall be decided by the court based on the fee certificate submittred by the advocate as well as any costs which are pending to be paid. The court shall mention in the decree regarding the amount of costs of suit to be paid.

A separate recovery suit shall not lie for that amount. An execution of the said order shall suffice.

 

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