STATE BANK OF INDIA REP BY ITS BRANCH MANAGER Vs. UNIION OF INDIA REP BY GENERAL MANAGER, NORTHERN RLYS

JUDGEMENT

(1.) Aggrieved by the order dated 12-8-1991 passed in LA. No. 380 of 1991 in OS. No. 378 of 1991 on the file of the Additional Sub-Judge's Court. Guntur, the present revision petition is filed.

(2.) Petitioner is the plaintiff, who filed OS. No. 378 of 1991 for recovery of a sum of Rs. 45,13,044/- together with interest and costs from respondents- defendants 1 to 5. The Court below decreed the suit as against defendants 1 to 3 and 5 with interest and costs while dismissing the suit as against defendant No. 4 with costs. On the basis of the Judgment and decree., the learned counsel for 4th respondent-defendant filed a fee memo claiming Rs. 47,280/- Aggrieved by the said fee Memo I. A.No. 380/91 was filed by the petitioner-plaintiff under Sections 151 and 152 of the Code of Civil Procedure seeking amendment of the decree in respect of costs of Rs. 47,280/- towards the claim filed by the counsel for the 4th respondent defendant. The ground urged by the petitioner-plaintiff before the Court below was that the petitioner-plaintiff claimed an amount of Rs. 9,25,000/- in the suit as against the 4th respondent defendant and, therefore, once the suit is dismissed against the 4th respondent-defendant with costs, as per the Advocates' Fee Rules, the entitlement of advocate's fee has to be restricted only to the extent of liability claimed by the petitioner-plaintiff and any claim over and above the liability against the 4th respondent defendant is illegal.

(3.) The Court below having examined this aspect held that the petitioner- plaintiff has not made out any reasons to grant the relief sought for, inasmuch as the suit claim is Rs. 45,13,044/- and the court-fee was paid on the said claim and there is no rationale in denying the costs to the counsel for the 4th respondent-defendant on the value of the entire suit claim when the petitioner- plaintiff has paid fee to their advocate on the value of the entire suit claim.