(1)Where adjournment costs, compensatory costs or any other costs are ordered to be paid as a condition precedent to the next or further hearing or the revival of a case, or the participation of a party in the proceedings, etc., the order should indicate the amount ordered and what part is (a) to recompense the party for expenses likely to be or in fact incurred (other than to his pleader) or loss sustained, (b) to recompense that party s pleader for dislocation of his work. Payment of the amount ordered to the pleader of the party in whose favour such order is made, will be a sufficient compliance with the order, but it shall be the duty of the pleader to file in Court, as early as possible, a proper receipt showing that the money received by him has been paid by him to his clients to the extent ordered for purpose (a) above the Court should in all cases insist on the filing of such receipt.Note 1. - In the case of illiterate clients, the receipt shall be endorsed with their thumb impression.Note 2. - While the amount ordered as recompense to the party's leader may lawfully be retained by such pleader the practice has grown up whereby such sums are diverted to the local Bar Library. This practice i-recommended but it is a matter for the pleader himself whether he follow.; it.Note 3. - A pleader failing to file the receipt required by this rule shall deposit into Court the costs received or withdrawn by him.(2)Whenever a person to whom costs of any kind are ordered to be paid as aforesaid, or his agent, or a representative who in the opinion of the Court is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.
