DOSSABHOY JAMSHETJI NANPORIA Vs. EDULJI SORABJI DARUVALA

JUDGEMENT

(1.) THIS is an application made under Rule 132 of the Appellate Side Rules complaining against the order of the Taxing Officer.

(2.) THE point raised is a novel one. In a second appeal the respondent appeared by an attorney and an advocate on the Original Side; that is to say, the advocate on the Original Side was instructed by an attorney who was not an advocate on the Appellate Side. THE appeal was dismissed with costs, and the contention of Mr. Moropanth for the applicant is that in such a case no costs are payable either to the attorney or to the advocate on the Original Side. It is very common for parties to appear in Appellate Side matters by an attorney instructing an advocate on the Original Side, and it is somewhat startling to hear it suggested that in such an event no costs are payable by the unsuccessful party either to the attorney or to the advocate. In my opinion, there is no substance in the point.