Order XXA Rule 1 CPC: Provisions Relating to Certain Items of Costs
Order XXA Rule 1 of the Code of Civil Procedure, 1908 identifies six types of litigation expenses that a civil court may include in an award of costs. The provision supplements the general power to award costs and does not make reimbursement automatic.
Meaning and scope of Order XXA Rule 1
Costs are expenses of litigation that a court may direct one party to pay to another. The phrase "without prejudice to the generality" means that the specified expenses do not restrict the broader provisions of the CPC concerning costs, particularly Section 35 of the CPC.
Order XXA Rule 1: Statutory provision
Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of,-
- expenditure incurred for the giving of any notice required to be given by law before the institution of the suit;
- expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit;
- expenditure incurred on the typing, writing or printing of pleadings filed by any party;
- charges paid by a party for inspection of the records of the Court for the purposes of the suit;
- expenditure incurred by a party for producing witnesses, even though not summoned through Court; and
- in the case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be filed along with the memorandum of appeal.
Explanation of the six categories
1. Mandatory pre-suit notice - clause (a)
Where the law requires notice before filing a suit, the expenditure of giving that notice may be awarded as costs. For example, Section 80 CPC generally requires prior notice for certain suits against the Government or public officers, subject to statutory exceptions.
2. Voluntary pre-suit notice - clause (b)
Even if the law does not require a notice, the cost of a notice sent by one party to another before the suit may be considered by the court.
3. Preparing pleadings - clause (c)
Expenses for typing, writing or printing pleadings filed in the proceedings fall within this clause. Pleadings generally include a plaint and written statement as defined in Order VI Rule 1 CPC.
4. Inspection of court records - clause (d)
Charges paid to inspect court records for the purpose of the suit may be included in the award of costs.
5. Producing witnesses - clause (e)
Reasonable expenditure incurred in producing witnesses may be considered even when those witnesses were not formally summoned through the court.
6. Copies for appeals - clause (f)
Where copies of judgments and decrees must accompany a memorandum of appeal, the charges for obtaining those copies may be awarded as costs.
Are these costs automatically recoverable?
No. The word "may" gives the court discretion. Section 35 CPC governs the general award of costs, while Order XXA Rule 2 requires costs under this Order to be awarded in accordance with applicable rules made by the High Court. Parties should retain receipts and supporting records, and check local court rules and applicable amendments.
Related provisions and official legal text
Read the Code of Civil Procedure, 1908 (official India Code PDF) for Order XXA, Sections 35, 35A and 35B, and the relevant procedural provisions. See also the CPC sections and orders guide.
This article describes the central CPC provision. State amendments, High Court rules and case-specific orders may affect the actual assessment of costs.