LEKSHMI AMMA MADHAVI AMMA Vs. GODARU NAMBOORIPAD

JUDGEMENT

(1.) This petition is by the respondent in A.S. No. 822 of 1951 for amendment of the decree regarding the table of costs. The appeal related to three distinct claims valued at Rs. 2582-15-9, Rs. 371-11-9 and Rs. 780-5-9 respectively. The third claim was made alternatively to the first. The first claim being of a higher value than the third claim no separate court fee was paid on the third claim. Court fee of Rs. 155/- was paid on the first claim and Rs. 28-8-0 on the second claim, the total court fee paid being Rs. 183-8-0. By the judgment in the appeal the appellant was ordered to pay the costs of the respondent in this court. In preparing the decree a sum of Rs. 172-11-2 was included in the table of costs as advocates fee payable to the respondent by the appellant. According to the respondent, advocates fee due to him is Rs. 181-14-9. What the office did was to calculate advocates fee on the total value of the claims made in the appeal. According to the respondent, advocates fees has to be calculated on each of the different claims. If so calculated, advocates fee payable on the first claim will be Rs. 154-1-7 and that on the second claim Rs. 27-13-2, the total fee being Rs. 181-14-9. The question for consideration is which is the correct method of calculating advocates fee in suits in which there are more than one claim.

(2.) R.7 of the Rules passed under the Bar Council Act relating to advocates fee only says that advocates fee should be calculated on the amount or value of the claim. R.7A(e) further provided that maximum fee chargeable in a suit cannot exceed Rs. 3,000. The question for decision is whether, in a suit in which there are more than one claim, the words, amount or value of the claim mentioned in the Rule should be interpreted as amount or value of all the claims taken together or as amount or value of each of the claims taken separately. Notice of the petition was given to the Advocate General and to the President of the Bar Council.

(3.) It was argued by learned Advocate General that R.22 of the Rules goes to show that it is the total amount or value of all the claims taken together and not the amount or value of each of the claims that should be taken into account in calculating advocates fee under R.7. R.22 reads as follows: