Report No. 27

Order XXA, rule 1

This is in implementation of the Fourteenth Report1. The object is to make specific provisions regarding the power of the court to award costs in respect of certain items of expenditure, including notice expenses, typing charges, expenses of witness and of obtaining copies, etc.

1. Cf. 14th Report, Vol. I.

Order XXA, rule 2

This rule proposes that before the fees of counsel can be taxed, a certificate of the counsel about payment of the fees should be filed. The object is to avoid false claims in these matters.

Order XXA and cost of hearing

The question whether the court should have power to record, after a particular hearing, its opinion, as to whether the costs of the hearing have been increased by undue length, has been considered. It is felt that no such provision is necessary.

(Such a provision exists in Order LXV, rule 8 of the Supreme Court Rules of South Australia quoted below:-

"8. Certificate as to time reasonably occupied for hearing.-(1) On the hearing of a cause or matter the Court or Judge before whom it is heard shall if requested so to do by any party entitled to attend on such hearing, and may, without any request, certify as to what time has been reasonably occupied on such hearing, and such certificate shall be final.

(2) If on such certificate being given it shall appear that the hearing has been unduly prolonged the Court or Judge may order that the party in default pay to any other party the costs occasioned by the undue prolongation.)".

Order XX1, rule 1

1. This is in implementation of the Fourteenth Report1, and also follows (in part) local Amendments. The object is

(i) to enable parties to remit money to court by money order or through bank (see Fourteenth Report);

(ii) to provide that payment to the decree-holder outside court should be by money-order or through bank or other mode of payment evidenced in writing (see Fourteenth Report and Allahabad Amendment);

(iii) to make it clear, that on an amount paid into court or in accordance with the orders of the court, interest shall cease to run from the date of the service of notice. (See Bombay and Patna Amendments.)

2. A provision for notification of the payment has been added. It is considered, that even a payment under rule 1(1) (c) should be notified.

3. A special form of money order has been referred to in the Explanation added by the Lahore High Court, and the word "special" has also been used by the Patna High Court, but this appears to be unnecessary.

4. Money Orders.-The question whether the introduction of payment by money order would increase the work of the courts and create opportunities for fraud has been considered. It is thought, that the experiment is worth trying, as has been done by several High Courts. (See Local Amendments made by the High Courts of Allahabad, Calcutta, Madhya Pradesh, Patna, Orissa and Punjab). It is presumed, that no serious practical difficulties would arise.

5. Interest.-As to sub-rule (4) dealing with interest, compare local Amendments made by the High Courts of Bombay and Patna and also Order XXIV, rule 3 and under mentioned decisions2-3-4.

6. The question whether the decree-holder, to whom notice of payment made by the judgment-debtor is given, should be allowed some time for coming into the Court and receiving payment of the amount, has been considered with reference to the point whether interest should be allowed to run until such time expires. No such provision is, however, considered necessary.

1. 14th Report, Vol. I.

2. Special L.A. Officer v. Ambalal, AIR 1951 Born 394.

3. Vinayak v. Srikishan, AIR 1955 MB 126.

4. Alleppy, etc. v. Ponnu, AIR 1957 T 241.