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Env Coord (.)     13 May 2022

Meaning of phrase used in court order

Respected Lawyers & Advocates,

What is the meaning of the phrase stated below in quotes ? It was used by Bombay High Court in one of its order.

"The interim application is dismissed. Costs to be costs in the cause."

1. It was plaintiff's interim application which was dismissed. So what is the meaning of 'Costs to be costs in the cause' ?

2. Does the phrase, "Costs to be costs in the cause" means that plaintiff has to pay defendant the cost of defending interim application ?




 2 Replies

Sravika Reddy Kohir   22 June 2022

Hello Vishal Saha, I acknowledge your question. Under the Karnataka Civil Rules of Practice,1969, costs are discussed in the chapter XVI-A. under Rule 99 it speaks about costs that are incurred by the suit and their taxation, Rule 99(d) discusses cost incurred in interlocutory matters which are made costs in the cause, here costs in the cause mean that the person who fails in the suit or application must pay the party that has succeeded.

So, since the plaintiff’s interim application was dismissed, the plaintiff has to pay for the expenses incurred by the defendant as per Karnataka Civil Rules of Practice under Rule 99(d). Each state has their respective Civil Rules of Practice you can refer to the same.

I hope I have answered your question.

Have a good day.

1 Like

Env Coord (.)     23 June 2022

Thanks a ton, for your reply. 

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