Section 118 CPC — Execution Before Ascertainment of Costs

Introduction

Section 118 of the Code of Civil Procedure, 1908 deals with the execution of a decree before the costs of the suit have been ascertained.

The provision applies to a decree passed in the exercise of the original civil jurisdiction of a High Court. It allows the High Court, in appropriate circumstances, to permit the decree-holder to execute the decree even before the amount of costs payable in the suit has been determined.

The provision is intended to prevent the execution of an otherwise enforceable decree from being unnecessarily delayed merely because the costs of the proceedings have not yet been ascertained.

Section at a Glance

Particular	Details
Section	Section 118 CPC
Subject	Execution Before Ascertainment of Costs
Part	Part IX
Court Concerned	High Court exercising original civil jurisdiction
Main Purpose	Allows execution before costs are ascertained
Nature	Procedural provision

Statutory Provision

Section 118. Execution before ascertainment of costs.—Where any such decree is executed before the amount of costs incurred in the suit can be ascertained by taxation, the Court may direct that the amount of such costs shall be ascertained at a later stage and may make such order as it thinks fit in relation to the execution of the decree.

Meaning of Section 118 CPC

Section 118 deals with a situation where a High Court has passed a decree in the exercise of its original civil jurisdiction, but the costs of the suit have not yet been ascertained.

Ordinarily, the costs payable in a suit may require taxation or determination before the complete financial consequences of the decree are known.

Section 118 enables the court to permit execution of the decree without requiring the decree-holder to wait until the costs have been finally ascertained.

Object of Section 118

The main object of Section 118 is to prevent unnecessary delay in the execution of a decree.

The provision recognises that:

• A decree may already be executable.
• The determination of costs may take additional time.
• The decree-holder should not necessarily be prevented from obtaining the benefit of the decree merely because costs remain to be ascertained.

Thus, Section 118 facilitates the early execution of decrees while allowing the issue of costs to be determined subsequently.

Essential Conditions

For Section 118 to apply, the following aspects are important:

1. There Must Be a Decree

The provision operates in relation to a decree.

2. The Decree Must Be Passed in Original Civil Jurisdiction

The provision is concerned with a decree passed by a High Court in the exercise of its original civil jurisdiction.

3. Costs Must Not Yet Have Been Ascertained

The amount of costs incurred in the suit must not yet have been ascertained by taxation or the applicable process.

4. Execution May Proceed

The court may permit execution to proceed before the costs have been finally determined.

Execution Before Costs Are Determined

The important feature of Section 118 is that execution of the decree need not necessarily wait for the ascertainment of costs.

For example, suppose a High Court passes a money decree in its original civil jurisdiction in favour of A against B. The decree is otherwise ready for execution, but the costs payable to A have not yet been finally determined.

In such a situation, the court may allow the decree to be executed while dealing with the costs separately.

Role of the Court

The court has the power to make appropriate orders concerning:

• execution of the decree;
• ascertainment of costs at a later stage; and
• the relationship between the execution process and the eventual determination of costs.

The provision therefore gives the court procedural flexibility.

Importance of Taxation of Costs

The expression taxation of costs refers to the process of determining the amount of costs properly payable in accordance with the applicable rules.

The ascertainment of costs may require time and procedural steps.

Section 118 prevents this process from necessarily holding up the execution of the substantive decree.

Section 118 and Section 117

Section 117 provides the general rule regarding the application of the CPC to High Courts.

Section 118 provides a specific rule concerning execution before the ascertainment of costs in the circumstances covered by the provision.

Therefore:

Section 117 — Application of Code to High Courts

Section 118 — Execution Before Ascertainment of Costs

Section 118 and Section 120

Section 120 deals with provisions of the CPC that do not apply to a High Court exercising original civil jurisdiction.

Section 118, on the other hand, specifically deals with execution of certain decrees before costs have been ascertained.

Both provisions are part of the special statutory scheme relating to High Courts and should be understood together with the other provisions of Part IX.

Practical Example

Suppose a High Court exercising original civil jurisdiction passes a decree directing B to pay ₹10 lakh to A.

The decree is ready for execution, but the costs of the proceedings have not yet been determined.

A should not necessarily be required to wait until the costs are finally ascertained.

Under Section 118, the court may permit execution of the decree and provide for the costs to be determined subsequently.

Important Points for Judiciary Exams

• Section 118 CPC deals with Execution Before Ascertainment of Costs.
• It is contained in Part IX of the CPC.
• It relates to decrees passed in the exercise of original civil jurisdiction of a High Court.
• Execution may be permitted before the amount of costs is finally ascertained.
• The purpose is to prevent unnecessary delay in execution.
• The court may make appropriate orders regarding the later ascertainment of costs.
• Section 118 should be read with Sections 117 and 120.

Important Questions for Exams

1. What is the object of Section 118 CPC?
2. Explain execution before ascertainment of costs.
3. When can a decree be executed before the costs are determined?
4. What is meant by taxation of costs?
5. Explain the relationship between Sections 117 and 118.
6. What is the significance of Section 118 in proceedings before the High Court?
7. Does the non-ascertainment of costs necessarily prevent execution of a decree?

Key Takeaways

Concept	Principle
Section 118	Execution Before Ascertainment of Costs
Court	High Court exercising original civil jurisdiction
Main Requirement	Decree has been passed but costs remain unascertained
Purpose	Prevent delay in execution
Costs	May be ascertained subsequently
Nature	Procedural provision
Part	Part IX

ALSO READ: Section 117 – Application of Code to High Courts

Conclusion

Section 118 CPC provides a procedural mechanism allowing the execution of a decree before the costs of the suit have been ascertained, in the circumstances covered by the provision.

Its basic purpose is to ensure that the decree-holder does not have to unnecessarily delay execution merely because the process of determining costs has not yet been completed.

For examination purposes, remember:

Section 116 — Application to Certain High Courts
Section 117 — Application of Code to High Courts
Section 118 — Execution Before Ascertainment of Costs
Section 119 — Unauthorized Persons Not to Address Court
Section 120 — Provisions Not Applicable to High Court in Original Civil Jurisdiction