T JAGAN MOHAN Vs. S VASUDEV SHENOY

JUDGEMENT

(1.) S.C.No.1171 of 1980 on the file of the Addl. Chief Judge City Small Causes Court, Hyderabad was decreed on 28-1-81. The defendant to that suit filed CRP.No.1024 of 1981 in this Court. I allowed that CRP. on 17-9-1981 with costs. The taxing officer fixed Rs.150/- as the costs payable by the respondent in the aforesaid Civil Revision Petition. new against that order of the Taxing Officer this Civil Miscellaneous Petition has been filed under Rule 15 of the Advocates' Fees Rules challenging the correctness of the decision of the taxing officer and contending that the costs payable by him cannot exceed Rs.25/-.

(2.) I have heard Mr. Sarma, the learned counsel for the petitioner. Mr.Ramachandra Rao, the learned counsel for the respondent, and the Government Pleader in this Civil Miscellaneous Petition.

(3.) Although the arguments put forward herein ranged widely, the ultima is rather simple. That question is what is the proper advocate's fee that should be allowed in a Civil Revision Petition filed against a small cause decree. There is no statute directly governing this matter. The Advocates' Fees Rules made by this Court in Roc.No.889/66-B-1 are the only statutory provisions that are relevant for rendering a judgment on the question. Those rules called Advocates' Fees Rules are in two parts. Part I of the Rules deals with the fee payable to advocates in the Courts Subordinate to the High Court. Part II deals with the fee payable to advocates on the Appellate Side of the High Court. Part II contains just only three or four rules relevant for the purpose. Of them, Rule 12 deals with the fee payable to advocates in first appeals and second appeals. That Rule speaks of appeals from original decrees and appellate decrees. As we are not concerned have either with a first appeal or a second appeal, no further reference need be made to that Rule. Rule 14 is equally irrelevant and all parties agree that it has no bearing on the present controversy. Rule 15 of the Advocates' Fees Rules on which Sri Sarma placed strong reliance deals with interlocutory applications in pending appeals or other matters and other miscellaneous applications. That rule does not concern itself with the question of fees in a small cause C. R. P. Rule 16 deals with a situation where special fee like higher fee or two sets of fees are claimed by advocates on the ground of importance or intricacy of the matter. Then, we are left with only Rule 13. That Rule also will not apply. That Rule is in these words:-