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State of Andhra Pradesh - Section

Section 155 in Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980

155. Statement of costs:

(1)Each party shall within five days from the date of judgment or order or such further period as may be allowed by Court, bring into Court the certificate mentioned in the preceding rule and a statement in the forms contained in Appendix-D Form Nos. 1 and 2 and Appendix 'G' Form No. 9 to the First Schedule to the Civil Procedure Code, 1908 (Central Act V of 1908) and signed by him or his advocate, if any, of the costs and expenses incurred by him, and may include therein the costs of :--
(i)issuing notice before the institution of the suit not exceeding rupees thirty;
(ii)preparation of process;
(iii)making or getting copies of pleadings, applications, affidavits documents which are served on the opposite party at the rate not exceeding 0.50 paise per page inclusive of copies;
(iv)travelling allowance and batta at the prescribed scale to witnesses (whether summoned through Court or not) who have attended the Court and given evidence or produced a document;
(v)obtaining a copy including search fee of a public document including an encumbrance certificate, where such copy or certificate is relevant and marked as an exhibit or has been filed into Court in compliance with any Rule;
(vi)any adjournment or interlocutory application allowed to him;
(vii)obtaining certified copies of depositions in the case; and
(viii)shall give credit for any costs allowed to his opponent and shall state the total amount claimed by him; and
(ix)in the case of appeals, charges incurred by party for obtaining certified copies of judgments and decrees and the expenditure incurred for making or getting copies of judgments filed along with the memorandum of appeal. Where the copies of judgments are typewritten at a rate not exceeding 50 paise per page (inclusive of copies) and where the copies are otherwise mechanically reproduced the actual cost incurred.
The said statement shall be checked by the Officer of the Court who shall note thereon the sums if any, disallowed, and the total amount disallowed by him, and shall sign the same. If any party makes default in filing the said statement, the Officer of the Court shall prepare and sign a statement of the amount of the institution fee, if any, and the Advocate's fee, as fixed by the Judge, allowable to the said party. Each party shall be entitled to inspect and to take a copy of the said statement.Unless the Court otherwise orders, no allowance shall be made for the cost of, or occasioned, to any party by the amendment of any pleading and for the stamp duty and penalty paid by the party in the Court.The costs of preparation of process shall be calculated at the following rates:For preparation of original process - 0.25 paise each.For preparation of each duplicate process - 0.05 paise each.Subject to a minimum fee of 0.75 paise in each suit.For the price of process form - the actual amount incurred.In appeals, the costs of the certified copies of the judgment and the decree of the lower Courts filed with the memorandum of appeal in compliance with the rules shall be included in the statement of costs.
(2)The statement referred to in paragraph (1) shall be signed by the Judge, and shall form part of the record of the case; and the total amount of costs allowed to the parties shall be inserted in the decree or order before the same is signed by the Judge.