STATE OF ANDHRA PRADESH Vs. JALERJAR HORMOSJI GOTLA

JUDGEMENT

(1.) This is a petition filed by the appellant in C. C. C. A. No. 30 of 1959, an appeal against the judgment of the Additional Chief Judge, City Civil Court, Hyderabad, in O. S. No. 92 of 1958.

(2.) The petition raises the question whether the Advocates fees have to be taxed under the Rules made by the Hyderabad High court under Sec. 27 of the Legal Practitioners Act, 1879 (No. XVIII of 1879) or the rules framed under the said provision of the Act by the High Court of Andhra Pradesh.

(3.) It is an undisputed fact that the suit was filed on 23-11-1953 and court-fee was paid under the Hyderabad Court-Fees Act, 1324 Fasli (No. VI of 1324 Fasli). The suit was decreed in part, and the defendant preferred the appeal to the High Court on 1959 and paid court-fee on the memorandum of appeal under the Hyderabad Court-fees Act. The appeal was disposed by us on 8-11-1962 allowing the appeal and remanding the suit for fresh disposal, allowing an amendment of the additional written statement prayed for by the defendant-appellant. We directed in our order that costs of the appeal will abide the result of the disposal by the Court of first instance.