Section 118 — Execution of decree before ascertainment of costs
Relief now, costs later. On its original civil side, where a High Court thinks a decree should be executed before the costs are worked out by taxation, it may order the decree executed forthwith — except as to costs; and the costs part executed as soon as they are taxed. The winner need not wait for the bill to be counted before enforcing the judgment.
How to read Section 118
Original civil side only
It applies to a decree the High Court passed in its original civil jurisdiction — the first-instance side of the chartered High Courts.
Execute forthwith — except costs
Where the Court considers it necessary, it may order the decree executed at once, except the part that relates to costs.
Costs follow, once taxed
The costs part is executed as soon as the amount is ascertained by taxation — so costing does not hold up the main relief.
The bare Act
Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.
→ Applies to the High Court’s original civil jurisdiction (cf. § 120); it splits the decree so the main relief is not delayed while costs are taxed. “Taxation” = the formal assessment of costs by the Court’s officer.
Note. § 118 stands as in the original Code — a convenience for the chartered High Courts’ original side, where taxing the costs could take time after judgment.
Key terms decoded
The High Court’s first-instance civil side — trying suits itself (as the Calcutta, Bombay and Madras High Courts do), not hearing appeals.
The formal assessment of the amount of costs by a taxing officer of the Court — a step that can lag behind the judgment.
At once, without waiting — the decree (bar the costs) may be executed immediately.
The costs portion of the decree — carved off from the main relief and executed only once taxed.
The Court’s discretion — § 118 is an enabling power (“may order”), used where waiting for taxation would needlessly delay enforcement.
The litigation costs the Court awards — their amount is fixed by taxation, which is what this section lets the main relief outrun.
The picture — split execution: relief now, costs later
§ 118 is a piece of practical convenience. Taxing costs can take time; rather than hold the whole decree hostage to that arithmetic, the High Court may let the main relief go forward at once and let the costs catch up the moment they are taxed.
Section 118, part by part
Connected provisions
Section 118 is a Part IX carve-out for the High Courts’ original civil jurisdiction — the same jurisdiction § 120 treats specially. It is one of the exceptions the application rule of § 117 saves; the general law of execution is in Part II (§§ 36–74) and Order XXI.