Costs Regime In Civil Litigation In India - A Paper Tiger

"I have found in my experience that there is one panacea which heals every sore in litigation and that is costs." - Justice Bowen in Copper vs. Smith (1884).

Civil litigation in India is a long-drawn-out and arduous process. Of the several factors contributing to the age-defying process of civil litigation nationwide, vexatious and frivolous litigations, borne out of greed and dilatory tactics of seeking constant adjournments, are the leading drawbacks. To deter litigants from indulging in such improper conduct, a mechanism has been put in place under the Code of Civil Procedure, 1908 (the Code) for awarding costs. The provisions on costs under the Code aim at ensuring that realistic and reasonable costs are awarded to a successful party thereby curbing false and frivolous litigation, and discouraging unnecessary adjournments.¹ Despite express provisions under the Code, the levying of costs has been a rather underrated and overlooked aspect. The habitual overuse of