Cost of reference to High Court
Full Text
The costs (if any) consequent on a reference for the decision of the High Court shall be costs in the case.
Plain English Summary
Provides that costs incurred by the parties in connection with a reference to the High Court shall be treated as costs in the suit and apportioned in the final decree.
Key Legal Elements
- Costs in the Case: High Court reference costs treated as part of ordinary costs of the suit under Section 35 CPC.
- Apportionment by Trial Court: Disbursed and apportioned in the final decree based on the ultimate outcome of the litigation.
Practical Note
Accounting for Reference Expenses: 1. Calculation of Reference Costs: Advocates appearing before the High Court on a reference under Rule 3 should ensure that their certificate of fees and printing/process costs are submitted so that the trial court can include them under Rule 4 when drawing up the final decree.
हिंदी पाठ
उच्च न्यायालय के विनिश्चय के लिए निर्देश के परिणामस्वरूप होने वाले खर्चे (यदि कोई हों), वाद में खर्चे (Costs in the case) होंगे।