LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tushar Jha (Advisor)     07 February 2023

Meaning of legal phrase used in order xxi rule 39 deemed to be costs in the suit

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.


 2 Replies

Dr J C Vashista (Advocate)     08 February 2023

What is your advise on the questions ?

Shashi Dhara   08 February 2023

In decree the cost of suit is allowed ,that is court fee ,advocates fee and   cost of summons served to defendent  etc as court deems to be put .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query