Order XX-A: Costs

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 20A

Order XX-A empowers civil courts to award realistic costs in respect of specific administrative and litigation expenses, including notice costs, typing, and witness expenses.

  • Realistic Litigation Costs: Without prejudice to the generality of the provisions of this Code relating to costs, the court may award costs in respect of: (a) expenditure on notices, (b) expenditure on typing, writing, and printing of pleadings, (c) charges incurred on inspection of records, and (d) expenses of witnesses.
  • Compensation for Actual Outlay: Bridges the gap between nominal taxable fee scales and actual modern litigation expenditures.
  • Deterrence Against Vexatious Litigation: Operates alongside Section 35 and Section 35A compensatory costs.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court emphasized that Order 20A was inserted by the 2002 amendments to ensure that the winning party is awarded actual, realistic costs rather than nominal archaic fees.
  • Sanjeev Kumar Jain v. Raghubir Saran Charitable Trust, (2012) 1 SCC 455: The Supreme Court held that modern civil courts must exercise their powers under Section 35 and Order 20A to award realistic costs to indemnify successful litigants and deter dishonest claims.
Courtroom Practice & Strategic Litigation Guidance:

At the conclusion of trial arguments, file an itemized Memo of Actual Costs under Order 20A supported by photocopying bills, courier receipts, and witness travel vouchers to claim full actual costs in the decree.