P RAM SHAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Against the Judgment and decree of the learned Sixth Additional Judge, City Civil Court, Hyderabad in O. S. No. 1009 of 1979, in so far as it went against him, this appeal was brought by the plaintiff. The plaintiff is a practising advocate and a former Additional Government Pleader-cum- Additional Public Prosecutor in the City Civil Courts. By G.O.Ms. No. 153, Public Works LL (1) Dept. Dt. 20-2-1975 he was.

(2.) As no reply was given by the defendants the suit was filed by him.

(3.) In the written statement the plea taken by the defendants was that the plaintiff was not entitled to the fees claimed by him as per Rule 4(11) of the Advocate's Fees Rules. Items 1 to 45 were dismissed as adjusted after negotiations between the workers and the first defendant's Office. As no trial had taken place the plaintiff was not, entitled to claim any fees. Serial numbers 46 to 57 were disposed of after contest by a common judgment. Therefore, the plaintiff was not entitled to claim fees treating every case separately. It was also pleaded in the written statement that the matter was referred to the Government and the plaintiff without waiting for the final orders of the Government rushed to the Court. The learned trial Judge after framing appropiate issues, recorded evidence and decreed the suit for Rs. 25,089-71 with proportionate costs and interest at 6 per cent per annum. The trial judge was of the view that the plaintiff is entitled to 1/4 of the schedule fees in respect of items 1 to 45. So far as items 46 to 59 are concerned the plaintiff was entitled to payment of full fees. Aggrieved by that, in so far as it went against him, the plaintiff brought the present appeal.