This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.

1. Dr. Khakare Vikas
Code of Civil Procedure
1908
miscellaneous
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded,
India

2. Dr. Khakare Vikas
•INTEREST IN SUIT
•COST OF SUIT
•PERSONS EXEMPTED FROM APPEARANCE IN
THE COURT.
•CAVEAT
•INHERENT POWERS OF COURT

3. Dr. Khakare Vikas
INTEREST [Section 34]
• Where and in so far as a decree is for the payment of money,
the Court may, in the decree, order interest at such rate as
the Court deems reasonable to be paid on the principal sum
adjudged.
• Interest means a charge or money paid by the barrower.
Court may award interest on principal amount where a
decree is for payment of money. Such interest may be in
addition to interest adjudged.

4. Dr. Khakare Vikas
•Interest may be payable:
a. From date of suit to date of decree. (interest
pendent lite.)
b. From date of decree to the date of payment.
c. From any earlier date as the Court thinks fit.

5. Dr. Khakare Vikas
• Rate of interest:
• The rate of interest is at the discretion of the Court.
• If there is an agreement between parties as to rate of
interest, Court shall consider it.
• From the date of suit i.e. interest pendent lite, the rate of
interest should not be more than six per cent per annum.
• If transaction between parties is commercial one, rate of
interest may be more than six per cent but not to exceed
contracted interest, if there is no contractual rate, the rate at
which moneys are lent or advanced by nationalised Banks in
relation to commercial transactions.

6. Dr. Khakare Vikas
COST [Section 35, 35A, 35B, Order XX A]
• ‘Cost’ means ‘cost of suit/litigation’.
• Cost is ‘statutory allowance’ which a winning party is entitled to get
from the losing party to reimburse him for expenses incurred in
defending or prosecuting the proceeding.
• A ‘cost’ is certified, itemized statement of the amount of the expenses
incurred in bringing or defending a lawsuit. After judgment, decree is
prepared which is accompanied with ‘bill of cost’ i.e. statement of
expenses incurred by parties.
• ‘Cost’ is not a penalty or punishment to the losing party/litigant.

7. Dr. Khakare Vikas
• ‘Cost of litigation’ is at discretion of the Court. There is no hard and
fast rule for cost. But it should be founded on some legal principle.
Court has to consider facts and circumstances of the case, length of
litigation, conduct of parties, nature of dispute etc for awarding cost.
• Generally cost shall follow the event which means the winning party
or successful party shall get cost or the losing party shall bear the cost.
But it is not always necessarily depends upon who wing or who lose
the case. A winning party may or may not get cost and losing party
may or may not liable for cost.
• Where suit is “decreed with cost”, defendant has to pay cost to
plaintiff. Where suit is “rejected/dismissed with cost”, plaintiff has to
pay cost to defendant. And where there is “no order as to cost” or
“parties to bear cost”, neither party has to pay cost to other party.

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Types of cost
• General cost: Object of general cost is to secure litigant the expenses
incurred for litigation. The Court shall have full power to determine by
whom or out of what property and to what extent such costs are to
be paid.
• Compensatory cost: Court may allow compensatory costs in respect
of false or vexatious claims or defences. Court if it so thinks fit, may,
after recording its reasons for holding such claim or defence to be
false or vexatious, make an order for the payment to the object or by
the party by whom such claim or defence has been put forward, of
cost by way of compensation.[ Section 35A]
• Cost for causing delay: A court may allow cost for causing delay if, on
day fixed for hearing, a party to suit fails to take steps which he is
required to take OR obtains an adjournment for taking such steps or
producing evidence.

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• Miscellaneous cost: A Court may grant miscellaneous cost for certain items as
under:
a. Expenditure incurred for the giving of any notice required to be given by law
before the institution of the suit;
b. Expenditure incurred on any notice which, though not required to be given by
law, has been given by any party to the suit to any other party before the
institution of the suit;
c. Expenditure incurred on the typing, writing or printing of pleadings filed by any
party;
d. Charges paid by a party for inspection of the records of the Court for the
purposes of the suit;
e. Expenditure incurred by a party for producing witnesses, even though not
summoned through Court, and
f. In the case of appeals, charges incurred by a party for obtaining any copies of
judgments and decrees which are required to be filed along with the
memorandum of appeal.[ Order XX A]

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EXEMPTION FROM APPEARANCE
• Section 132, 133 provide for exemption of certain person
from personal appearance in the Court.
• Women who, according to the customs and manners of the
country, ought not to be compelled to appear in public shall
be exempt from personal appearance in Court.[ Section 132]

11. Dr. Khakare Vikas
• The following persons shall be entitled to exemption from personal
appearance in Court, namely[ Section 133]
i. The President of India;
ii. The Vice-President of India;
iii. The Speaker of the House of the People;
iv. The Ministers of the Union;
v. The Judges of the Supreme Court;
vi. The Governors of States and the administrators of Union Territories;
vii. The Speakers of the State Legislative Assemblies;
viii. The Chairman of the State Legislative Councils;
ix. The Ministers of States;
x. The Judges of the High Courts; and
xi. The persons to whom section 87B applies.

12. Dr. Khakare Vikas
• EXEMPTION FOR CIVIL PROCESS Section 135 and 135A
• No Judge, Magistrate or other judicial officer shall be liable to arrest
under civil process while going to, presiding in, or returning from his
Court.

13. Dr. Khakare Vikas
•Exemption of members of legislative bodies from
arrest and detention under civil process:[ Section 135A]
a. If he is a member of:
• i.Either House of Parliament, or
• ii.The legislative Assembly or Legislative Council of a State, or
• iii.A Legislative Assembly of a Union territory, during the
continuance of any meeting of such House of Parliament or, as the
case may be, of the Legislative Assembly or the Legislative Council;
b. If he is a member of any committee of:
• i.Either House of Parliament, or
• ii.The Legislative Assembly of a State or Union territory, or
• iii.The Legislative council of a State, during the continuance of any
meeting of such committee;

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c. If he is a member of:
• i.Either House of Parliament, or
• ii.A Legislative Assembly or Legislative Council of a State having
both such Houses, during the continuance of a joint sitting,
meeting, conference or joint committee of the Houses of
Parliament or Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or
conference.

15. Dr. Khakare Vikas
CAVEAT section 148 A
• ‘Caveat’ means a warning or proviso of specific stipulation,
condition or limitation.
• It is a notice to person or public or Court.
• Section 148A prescribes procedure for making application for
caveat. Person making caveat application is known as
‘caveator’ and person against whom it is made is known as
‘caveatee’.

16. Dr. Khakare Vikas
• Object of caveat :-
• Some time it is possible that a person may file an application
or institute suit and pray Court to allow a relief against
respondent or defendant that too before appearance of such
respondent or defendant. It is possible that Court may
consider urgency and circumstances of the case and pass ex-
parte order without any information to opponent.
• This passing of order by Court in the absence of opponent
could be prevented by making application by the person
against whom there is possibility of ex-parte order.

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• Right to lodge a caveat:
• Where an application is expected to be made, or has been
made, in a suit or proceedings instituted, or about to be
instituted, in a Court, any person claiming a right to appear
before the Court on the hearing of such application may
lodge a caveat in respect thereof.
• Who can file caveat:
• Application for caveat can be filed by a person who is
expecting that an application, suit or proceeding is likely to
be filed against him. And he has a right to appear before
Court where such application, suit or proceeding will be filed.

18. Dr. Khakare Vikas
• Where to file caveat:
• Caveator shall file caveat petition in the Court/Courts where
an application is likely to be filed against him.
• Procedure:
• Caveator can file caveat petition. Where caveator has filed
caveat, he shall serve a notice of the caveat by registered
post acknowledgement due on the person by whom the
application has been or is expected to be, made.
• Where any application is filed in any suit or proceeding, the
Court shall serve a notice of the application on the caveator.

19. Dr. Khakare Vikas
•Effect of caveat:
•Where a caveat is filed, Court shall not pass any ex-
parte order against caveator. Court shall not pass any
order unless notice to caveator is issued.
•Duration of caveat:
•Effect of caveat is valid for a period for ninety days
from the date of its filing. Period may be extended if
before expiry of ninety days caveator file another
caveat petition in the Court.

20. Dr. Khakare Vikas
INHERENT POWERS OF COURT
Section 151
• Saving of inherent powers of Court:
• Nothing in this Code shall be deemed to limit or otherwise
affect the inherent power of the Court to make such orders
as may be necessary for the ends of justice or to prevent
abuse of the process of the Court.

21. Dr. Khakare Vikas
• The Code of Civil Procedure is not exhaustive. It does not contain
rules of procedure for all times to come. There may be absence
of express provision for all inconveniences which are indefinite in
nature and that may happen. Sometime rules of procedure may
be abused or may be used as a formality. This would obstruct and
not facilitate administration of justice.
• The Court has inherent powers to act according to justice, equity
and good conscience, but it cannot override the express
provisions of law. [ Naresh Mohan v. Brij Mohan, AIR 1938 PC 48;
M/s Ramchand & Sons Sugar Mills Pvt. Ltd. Barabanki v. Kanhaya
lal Bhargava, AIR 1966 SC 1899]
• Court can use its inherent powers where cases and
circumstances which are not covered by the express provisions of
the statutes wherein justice has to be done.[ AIR 1918 Mad 580.]

22. Dr. Khakare Vikas
• When Court can use inherent powers:
• Inherent powers of Court should not be used in routine
process. It is to be used in exceptional circumstances where
Code of Civil Procedure does not prescribe any procedure.
Inherent powers of Court can be used in the interest of
justice.

23. Dr. Khakare Vikas
• Examples Where Court can use Inherent Powers
• To consolidate suits and appeals;
• To stay cross suits on grounds of convenience;
• To ascertain whether proper parties are before Court;
• To enquire whether plaintiff can sue as an adult;
• To consider application of third person to be added as party to suit;
• To stay the drawing up of the Court’s own orders or to suspend
their operation;
• To apply res-judicata to cases not falling under section 11;
• To add a party;
• To punish summarily for contempt of Court;

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• To order joint trial;
• To set aside an order brought about by fraud practices in the Court;
• To stay proceeding pursuant to its own order in view of an intended
appeal;
• To restrain by injunction a person from proceeding with a suit in
another Court;
• To stay suit not covered under section 10;
• To grant injunction not covered under Order 39;
• To reconstruct its record where it is lost or destroyed;
• To enforce undertaking given by party;
• To extend time for payment of cost.

25. Dr. Khakare Vikas
Thank you