Description

Section 118 of the Code of Civil Procedure (CPC) provides guidance on the execution of a decree when the costs related to the case have not yet been fully determined. Typically, in civil litigation, costs are assessed after the judgment has been passed, and the amount of costs must be ascertained before the finalization of the case's execution. This section allows for the execution of the decree before this final determination.

Key Provisions of Section 118:

1. Execution of Decree Before Costs Are Ascertained:

   • Under Section 118, if a decree has been passed by the court and costs have not been fully determined or ascertained, the decree can still be executed.
   • This provision is significant because it allows the enforcement of the decree without waiting for the exact amount of costs to be calculated.

2. Ascertaining Costs Later:

   • While the execution of the decree may take place, the costs are to be ascertained separately. Once the amount of costs is determined, it may be adjusted against the decree amount or as part of the final settlement.
   • The process for ascertaining costs is typically done through a separate procedure by the court or as determined by the judge.

3. Practical Application:

   • In many civil cases, particularly complex ones involving multiple parties, the costs associated with the proceedings might take time to assess. Section 118 provides flexibility by enabling the party in whose favor the decree was passed to start the enforcement of the judgment even though costs have not yet been determined.

4. Purpose of the Provision:

   • The purpose of Section 118 is to prevent delays in the execution of a decree. It ensures that the party who has won the case can begin the enforcement process while the court works out the final details of the costs.
   • It also aims to avoid the situation where a party delays the enforcement of a decree simply because the costs have not yet been fixed.

5. Ensuring Justice is Served:

   • This provision is intended to ensure that a victorious party does not face undue delay in receiving the fruits of their judgment because of the procedural step of determining costs.
   • However, once the costs are ascertained, the party in whose favor the decree was passed may be required to adjust the total amount, factoring in the cost amount.

Punishment

Section 118 does not prescribe punishment or penalties for any party involved. Instead, it focuses on facilitating the execution of the decree and providing flexibility in terms of the timeline for the determination of costs.

1. Enforcement Despite Pending Costs:
   • This provision removes any delay that might arise due to the ascertainment of costs and ensures that the enforcement of decrees continues without being hindered by procedural steps related to costs.
2. Failure to Pay Costs:
   • If the party against whom the decree is executed fails to pay the costs once ascertained, the victorious party can pursue further remedies as per other provisions of the CPC (such as attaching property, contempt of court proceedings, etc.).