(1)The discretion vested in the Courts by Section 35 of the Civil Procedure Code should be so exercised as to award to the successful party, as costs, a sum approximately equal to the amount which he has been compelled to spend. In particular, provision should be made for costs of making, copies of pleadings, applications or affidavits which by the rules are required to be served on the opposite party, for the costs of obtaining certified copies of relevant documents put in evidence and for money spent in paying searching fees at registration offices in order to obtain necessary documents.(2)The discretion should be exercised judicially after taking into consideration the particular facts and circumstances of each case. The matter must not be delegated to clerks. The items of costs at the foot of the form of decree are not exhaustive. The scales of pleader's fees, as prescribed by rules made under the Legal Practitioners Act, 1879, or the Bar Councils Act, 1926, are also not rigid, and express provision is made in the rules that more or less costs than allowed by the scale can be awarded if the circumstances of the case so required. If the items given in the form of a decree do not cover any particular item of costs, new items as required may be added in manuscript.
