Order XXA Rule 2 CPC - Costs to Be Awarded in Accordance with High Court Rules

Order XXA Rule 2 of the Code of Civil Procedure, 1908 provides that awards of costs under Order XXA must comply with the applicable rules made by the High Court.

Text of Order XXA Rule 2

Meaning: Although Order XXA identifies additional categories of litigation expenses for which a court may award costs, Rule 2 makes the award subject to the relevant High Court rules. The amount, assessment and procedure may therefore differ depending on the applicable court rules.

What does Order XXA Rule 2 mean?

Order XXA deals with costs relating to certain items incurred in civil litigation. Rule 1 identifies expenses that the court may award, while Rule 2 provides that the award is governed by rules made by the relevant High Court. Rule 2 does not independently prescribe a fixed amount or automatic entitlement to reimbursement.

Relationship with Order XXA Rule 1

Order XXA Rule 1 CPC permits the court, without prejudice to the general CPC provisions on costs, to consider expenses such as:

• Notices required by law before filing a suit.
• Other pre-suit notices sent by a party to another party.
• Typing, writing or printing pleadings.
• Inspection of court records for the suit.
• Producing witnesses, including witnesses not summoned through court.
• Copies of judgments and decrees required to accompany a memorandum of appeal.

The treatment of these expenses is subject to the applicable High Court rules and the court's determination of costs.

Relevant provisions of the CPC

Section 35 - Costs

Section 35 addresses the court's discretion regarding costs of and incidental to suits, subject to applicable conditions and rules. The court must give reasons in writing when it directs that costs shall not follow the event.

Section 35A - Compensatory costs

Section 35A concerns compensatory costs in respect of false or vexatious claims or defences, subject to its statutory requirements. It is distinct from the expenses listed under Order XXA.

Section 35B - Costs for causing delay

Section 35B provides for costs in specified circumstances where a party causes delay in proceedings. It serves a different purpose from the reimbursement of items contemplated by Order XXA.

Practical application

A party seeking costs should identify the expense, retain supporting records where appropriate, and check the rules and practice directions of the High Court having jurisdiction. The court considers the request under the applicable statutory provisions and court rules; merely incurring an expense does not guarantee that it will be awarded.

Official legal sources

For the authoritative statutory text and amendments, consult the India Code portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). For jurisdiction-specific cost rules and amendments, consult the e-Committee of the Supreme Court of India and the relevant High Court's official website.

Note: State amendments, High Court rules and special procedural regimes may affect how costs are assessed. Verify the rules applicable to the court and proceeding concerned.