Section 118 CPC - Execution of Decree Before Ascertainment of Costs

Section 118 of the Code of Civil Procedure, 1908 permits a High Court covered by Part IX of the CPC to direct immediate execution of a decree passed in its original civil jurisdiction, even though the costs of the suit have not yet been quantified by taxation.

Text of Section 118 CPC

Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs;

and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

Statutory provision: Section 118, Part IX, Code of Civil Procedure, 1908. Consult the official India Code record for the Act and amendments.

Meaning and purpose of Section 118

Ordinarily, the costs awarded in a civil suit must be determined before the costs component can be recovered. Section 118 prevents that calculation from unnecessarily delaying enforcement of the other operative parts of a High Court decree. It separates execution of the substantive relief from execution of the amount awarded as costs.

The provision is discretionary: the High Court must consider immediate execution necessary and may make an order permitting it. Section 118 does not automatically make every decree immediately executable or dispense with any otherwise applicable stay or execution requirements.

When can Section 118 be applied?

The decree must have been passed by a High Court to which Part IX applies, in exercise of its original civil jurisdiction.
The amount of suit costs must still await ascertainment by taxation.
The High Court must consider it necessary to allow execution before the costs are quantified.
The Court may permit immediate execution of the decree other than its costs component; the costs component can be executed once taxation is completed.

What is taxation of costs?

In this context, taxation of costs means the assessment or quantification of recoverable litigation costs under the applicable court rules. It does not mean the imposition of income tax or another government tax. The applicable High Court rules govern the process for determining the costs amount.

Illustration

Suppose a High Court exercising original civil jurisdiction passes a decree directing a defendant to pay a specified sum and also awards costs, but the recoverable costs have not yet been taxed. If the High Court considers immediate enforcement necessary, it may order execution of the specified sum without waiting for the costs calculation. The costs component may be executed after its amount has been ascertained by taxation.

Section 116 CPC identifies the High Courts to which Part IX applies. Section 117 CPC addresses the application of the Code to those High Courts, subject to the stated exceptions. Section 119 CPC concerns persons authorized to address the Court, while Section 120 CPC specifies certain provisions inapplicable to High Courts in their original civil jurisdiction.

The general framework for execution of decrees appears in Part II of the CPC (Sections 36 to 74) and Order XXI of the First Schedule, subject to applicable special provisions and rules. The power to award costs is addressed by Section 35 CPC.

Frequently asked questions

Can a decree be executed before the costs are determined?

Yes. Under Section 118, the relevant High Court may direct execution of the decree, excluding its costs component, before the costs are taxed.

Can the costs also be executed immediately?

Section 118 contemplates execution of the costs component after the amount of costs has been ascertained by taxation.

Does Section 118 apply to every civil court?

No. It is a specific provision concerning the High Courts covered by Part IX and decrees made in their original civil jurisdiction.

This article provides general legal information. Court rules, applicable amendments and the facts of a particular proceeding should be checked before relying on the provision.