INDIAN BANK Vs. COURT OF SMALL CAUSES BANGALORE

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional Judge, Court of Small Causes, Bangalore, dated 29th August, 1991 in Execution case No. 4960 of 1991 upholding the office objections.

(2.) The facts in brief areThe petitioner is the decree-holder. He filed an execution petition against the respondent-Judgment-debtor. In the execution petition, he has claimed the Advocate's fee on the basis of the value of the claim in the petition. The office has raised an objection to the effect that the decree-holder is entitled to Rs. 3/- for cost of decree copy and Rs. 13-37 as Advocate's fee i.e., 50 per cent of the Advocate's fee granted on the value of the decree which is entitled to claim in the execution petition. The counsel appearing for the execution petitioner filed objections contending therein that the Advocate's fee is to be fixed on the total value of the claim in the execution petition as per Rule 100(d)(i) read with Rule 100(1 )(a) of tie Karnataka Civil Rules of Practice. But the lower Court has upheld the office objection holding that the decree-holder is entitled to 50 per cent of the Advocate's fee granted in the suit (small causes suit). Further, it has held that if the contention of the counsel appearing for the decree-holder is accepted, Advocate's fee in the execution case will be more than the Advocate's fee granted in the suit. It is also observed that perhaps it may not be the intention of the Rule Making Authority in making rules for Advocate's fee to allow the claim of Advocate's fee more than what is in the decree in the suit

(3.) The learned counsel being aggrieved by the order of the trial Court haspreferred this revision petition and strenuously contended that Court-below has misread the Rule 100 of the Karnataka Civil Rules of Practice. The Court-below should have noted that Rule 100(d)(i) of the Rules docs not say that the fee fixed in Execution 50% of the fee awarded in the suit Further, he has argued that Rule clearly states that the fee shall be calculated "on the amount of money or value of relief claimed in the application." i.e., in the execution. Elaborating his argument he has brought to my notice the relevant provision of Rule 100 of the Civil Rules of Practice, which reads as follows: