JETHMAL SUKANRAJ Vs. SURENDRA AND CO

JUDGEMENT

(1.) THE appellant-petitioner in C.M.P.No.72/81 in A.S.No.151 of 1973 on the file of the Court if the learned Additional Judge, City Civil Court at Madras, is the respondent herein. THE said C.M.P.No.72/81 was filed by the appellant in A.S.No.151 of 1978 under section 151, C.P.C. praying to amend the decree, dated 1st January, 1980 in A.S.No.151/78 by including the costs of trial Court as per the judgment and condoning the delay in filing the fee certificate in O.S.No.9379/74.

(2.) THE affidavit of the partner of the appellant-firm in C.M.P.No.72 of 1981 is that the appellant became entitled to costs only on the award thereof by the lower appellate Court in allowing the appeal and dismissing the suit with costs and therefore, the counsel filed his fee certificate after the appellate judgment was pronounced and that the decree has been drafted without including the costs in the trial court. It is alleged that the fee certificate has been filed within the time stipulated after the appellate judgment was pronounced and hence the costs of the trial Court as certified should be taxed and included in the decree and delay, if any, in filing the fee certificate, should be condoned.

(3.) THE following points were framed by the lower Court for determination in C.M.P.No.72/81: