Charge for plaintiff’s costs
Full Text
Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.
Plain English Summary
Safeguards the bona fide stakeholder by empowering the court to create a paramount lien or charge on the disputed fund or property to reimburse his litigation expenses and legal costs.
Key Legal Elements
- First Charge for Stakeholder: Plaintiff who acted honestly and had to incur litigation expenses is reimbursed ahead of the rival claimants.
- Deductible from Deposited Fund: When money is deposited under Rule 2, the court routinely directs deduction and payment of plaintiff's costs immediately upon discharge under Rule 4.
- Properly Instituted Condition: Disallowed if plaintiff was guilty of collusion, unreasonable haste, or had an undisclosed personal interest.
- Charge on Immovable or Movable Res: Court can create a formal judicial lien on the property until the costs are satisfied by the ultimate winning claimant.
Practical Note
Paramount Protection for Stakeholder Costs: 1. Priority in Cost Recovery: A bona fide stakeholder who has been dragged into a dispute between rival claimants without any fault of his own is entitled to full indemnification. The court under Rule 6 ensures that the plaintiff's costs form a first charge upon the disputed property or fund. 2. Deduction from Deposited Funds: In practice, when a bank or insurer deposits the disputed proceeds into court under Rule 2, the court at the first hearing under Rule 4 routinely allows the institution to deduct its taxable court costs and advocate fees from the deposited sum before being discharged from the proceeding.
हिंदी पाठ
जहां वाद उचित रूप से संस्थित किया गया है, वहां न्यायालय मूल वादी के खर्चों का उपबंध दावाकृत वस्तु पर भार (Charge) देकर या किसी अन्य प्रभावी रीति से कर सकेगा।