N. SHANKAR Vs. S. SOUNDARAVATHANI

JUDGEMENT

(1.) This Revision is directed against the order dated 20.7.2012 passed in I.A. No. 177 of 2012 in O.S. No. 54 of 2010 on the file of the Subordinate Court, Virudhunagar. The Revision Petitioner is the Defendant in O.S. No. 54 of 2010. The Suit was filed for declaration and injunction. After the Suit was dismissed with cost, the learned Counsel for the Revision Petitioner filed a Cost Memo fixing his Advocate fee at Rs. 12,000/- and arriving at the total cost as per his calculation at Rs. 12,005/-. However, the learned Subordinate Judge, Virudhunagar fixed Rs. 750/- alone as Advocate Fees against his claim of Rs. 12,000/-. In the decree, the total cost payable to the Petitioner has been mentioned as Rs. 755/-.

(2.) Aggrieved against the said fixation, the Petitioner filed an Application in I.A. No. 177 of 2012 under Section 152 of the Code of Civil Procedure praying to amend the cost in the decree in accordance with the fees fixed by the Advocate in the Cost Memo. According to the Legal Practitioners' Fees Rules, 1973, the Revision Petitioner fixed Advocate fee at Rs. 12,000/- and claimed as such. However, it was reduced to Rs. 750/- by the Court. Hence, he prayed that the amendment may be made in the decree with regard to the cost payable to the Petitioner.

(3.) After hearing the Petitioner, the learned Subordinate Judge dismissed the Application by observing that the cost was fixed at Rs. 755/- only and thereafter, the cost was incorporated in the decree, and as such, it is not a clerical or arithmetical mistake nor an error due to accidental slip or omission and therefore, no amendment is necessary. Challenging the said order, the Petitioner is before this Court.