https://www.taxtmi.com/caselaws?id=272896 A later regular suit does not automatically vacate a costs order made in earlier claim proceedings under Order XXI Rules 58 to 63 CPC. The claim proceedings determine the claim to possession and release or disallowance, while a subsequent declaratory suit may seek consequential relief; however, refund of costs requires a specific prayer and cannot be granted by the executing court merely because the claimant later succeeds on title. Sections 144 and 151 CPC do not authorise automatic restitution of such costs in the absence of an express consequential relief, and the executing court becomes functus officio for that purpose. en-us Wed, 05 Aug 1942 00:00:00 +0530 Wed, 23 May 2018 17:09:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272896 A later regular suit does not automatically vacate a costs order made in earlier claim proceedings under Order XXI Rules 58 to 63 CPC. The claim proceedings determine the claim to possession and release or disallowance, while a subsequent declaratory suit may seek consequential relief; however, refund of costs requires a specific prayer and cannot be granted by the executing court merely because the claimant later succeeds on title. Sections 144 and 151 CPC do not authorise automatic restitution of such costs in the absence of an express consequential relief, and the executing court becomes functus officio for that purpose. Case-Laws Indian Laws Wed, 05 Aug 1942 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272896