KALPAKA OIL MILLS LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the claimant decree holder in L.A. Case No. 11 of 1964 on the file of the Principal Sub Court, Ernakulam. In E A. No. 19 of 1972, the Execution Court allowed Advocate's Fee only at 1/4 of the maximum prescribed under R.14(5) of the Kerala Advocate's Fee Rules. The contention of the appellant is that he is entitled to Advocate's Fee without reference to the maximum of Rs. 3000/- for Land Acquisition Proceedings fixed under R.14(5) of the Rules.

(2.) The counsel for the appellant submitted that in terms of the provisions contained in S.28 of the Land Acquisition Act, the award in a land acquisition proceeding shall be deemed to be a decree within the meaning of the Code of Civil Procedure as defined in S.2(2) of that Code. It is his contention that R.10 of the Advocate's Fee Rules does not refer to R.14 and the reference therein is only to sub-r.1 and 2 of R.6 which provides for the manner in which Advocate's Fee has to be calculated in the case of Small Cause Suits and Original Suits. R.10 relied on by the counsel for the appellant reads as follows:

(3.) The appeal is therefore dismissed without any order as to costs.