BIJON K NAWN Vs. SUDHIR CHNAWN

JUDGEMENT

(1.) With a considerable part of the application I do not deal being, I consider a matter for the taxing authorities and then the taxing officer. I propose to deal only with three questions : (1) the matter relating to the preliminary enquiry; (2) the matters relating to the application for the confirmation of report on the preliminary enquiry; (3) the matter of counsel's fees in the principal enquiry.

(2.) The matter 1 involves counsel's fees. The matter 2 involves the fees of seoond counsel and second day's fees; not very important in amount, but the main question of principle on this application. Matter 3 involves Mr. P.N. Sen's fees, 315 gold mohurs.

(3.) The three matters, to my mind, should be dealt with on different principles. (i) As regards matter 1, I am not called upon to consider the question of written consent of client or overriding discretion of the Court. The fees to counsel in this case would be covered by a certificate under Chap. 36, Rule 56, The question is whether such a certificate exists, and this depends upon the construction of the order passed by me on the confirmation of the report.