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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IX: Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

Section 118 CPC: Execution of decree before ascertainment of costs

Bare Act text

118. Execution of decree before ascertainment of costs.—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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where such a High Court considers it necessary that a decree passed in its original civil jurisdiction be executed before the costs can be ascertained by taxation, it may order the decree to be executed at once except as to costs. The part of the decree relating to costs may be executed as soon as the amount is ascertained by taxation.

Part IX: Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

  1. 116 Part to apply only to certain High Courts
  2. 117 Application of Code to High Courts
  3. 118 Execution of decree before ascertainment of costs
  4. 119 Unauthorised persons not to address Court
  5. 120 Provisions not applicable to High Court in original civil jurisdiction