BAHADUR VARU Vs. PALLETI SUBBARAYUDU

JUDGEMENT

(1.) A judgment once delivered cannot be varied or altered except under the provisions of Order 47, Civil Procedure Code, or under section 152, Civil Procedure Code, if there is a clerical error or mistake. In the appeal, we interfered with the judgment of the lower Court fixing an exorbitant fee of Rs. 10,880-12-0. The matter is posted before us on an application "for being spoken to".

(2.) AN application "for being spoken to" is not contemplated by the Rules or by procedure of the Court, but by the indulgence of Judges, such applications are being entertained by Courts, to correct obvious mistakes or slips. The learned Advocate- General states that the costs decreed by the Court below were distributed between the ex-Government Pleader and the present Government Pleader, Nellore, and the ex- Government Pleader Mr. Justice Seshachelapati for the work done by them and that the order ought to be reviewed. We see no reason to review the order passed by us. The Government is just like any ordinary litigant. The fees payable by the Government to the Government Pleaders are regulated by the Legal Practitioners' Fees Rules. If the fees are once paid to the Government Pleader, the Government is not entitled to call upon him to refund the fee if the appeal as against the decree for costs is allowed. The fee fixed for the Government Pleaders ought not to depend upon the whims and fancies of the particular judicial officers before whom the cases come up. They ought to be regulated by the Legal Practitioners' Fees Rules only. The application is rejected. Application rejected.