(2)Whenever a person to whom costs of any kind are ordered to be paid as aforesaid, or his agent, or a representative who in the opinion of the Court is competent to receive payment, is present in Court, the money may conveniently be paid direct to the person so entitled or the said agent or representative in open Court and an acknowledgment of receipt obtained forthwith from the person on the order-sheet, the fact being noted by the presiding Judge in the record of the case.Note 1. While the Courts have full liberty to exercise their discretion in each individual case, the High Court considers that, in the case absence of special circumstances, and when the costs allowed as aforesaid do not exceed rupees five it is reasonable that the party desiring the adjournment should come prepared to compensate his opponent for the inconvenience or loss to which he is put, and that the Court will be justified in making the adjournment conditional on the money being paid then and there. In suitable cases, however, the Court may make the next or further hearing of the case on the adjourned date conditional upon the payment of the costs awarded, on or before that date.Note 2. - Where adjournment or other such cost have been paid into Court, the fact of such payment should be noted in the order-sheet. It will thus be possible to see from the order-sheet what sum, if any, still remains unpaid, all such costs remaining unpaid shall be entered in the decree as costs in favour of the party entitled to them and set off against the amount, if any, payable by him to the other party under the decree, [Order XX, Rule 6 (3)].Note 3. - Adjournment costs are intended to recoup a party's opponent for the expenses occasioned or loss sustained by the adjournment and, therefore, when a party paying the adjournment costs eventually succeeds in the case, the party to whom costs were awarded should not be made to refund them by inclusion in the other costs that may be awarded against him in the case.
