SM BASANTI BALA DASSI Vs. JOGESH CHANDRA BISWAS

JUDGEMENT

(1.) In this application for review of taxation of costs, Mr. B.C. Dutt appearing for the defendants has not taken, before me, any exception to any specific item in the Bill of costs but has rested himself on two broad questions of principle which I shall presently formulate. In order, however, to appreciate the questions raised before me it is necessary to state the following facts.

(2.) This was a suit on a mortgage in which the total sum due for principal did not exceed Rs. 4000. It was instituted on 24-3-1939. At the date of the institution of this suit, Rules 100 and 105 of ch. 36 of the Rules of this Court provided special scales of taxation of costs of a mortgage suit in ?which the total sum due for principal did not exceed Rs. 2500. Therefore at the date of the institution of this suit, Rules 100 and 105 did not apply to the costs of this suit. During the pendency of this suit, the heading under which Rules 100 and 105 were grouped and those rules were amended and the amended heading and the amended Rules 100 and 105 came into force on and from 15-11-1939. They now apply to mortgage suits in which the total sum clue for principal does not exceed Rs. 4000.

(3.) After various proceedings, the usual preliminary mortgage decree was passed in this suit on 9-2-1940. This decree awarded costs to the plaintiff mortgagee as between attorney and client as of a defended suit. No direction was given as to the costs being taxed on the special scale under the amended rules which had come into operation. The Registrar made his report on 3-12-1940 certifying that on 9-8-1941 the sum of Rs. 5909-11-9 would be payable to the plaintiff under the decree.