JALLIGAMPALA APPARAO Vs. THAMMINISETTI SATHI REDDY

JUDGEMENT

(1.) CRP No. 4503 arises out of an order dated 23-7-1981 in I A No. 4107 of 1979 in 0 S No. 216 of 1971 on the file of the court of the Subordinate Judge, Kakinada. While decreeing the suit, the learned Subordinate Judge awarded one set of advocate's fee. There were two defendants in the suit and they were represented by different counsel. The counsel for the 1st defendant did not certify the fee and only the counsel for the second defendant filed the fee certificate.

(2.) C R P No. 4539 of 1981 arises out of an order dated 23-7-1981 in I A No. 4108 of 1979 in 0 S No. 260 of 1971 on the file of the Subordinate Judge's court, Kakinada. In this case also, the learned Subordinate Judge awarded one set of advocate's fee while decreeing the suit as in the above case. The counsel for the first defendant did not certify the fee and only the counsel for the second defendant filed the fee certificate.

(3.) In the first instance, the learned Subordinate Judge included in the decree the entire fee certified by the counsel for the second defendant. Then, an application was filed by the respondent that the second defendant is entitled only for half of the fe3 certified by his counsel. The learned Subordinate Judge accepted the contention advanced on behalf of the respondent and modified the decree by including only half of the fee certified by the counsel for the second defendant.