LAWS(PVC)-1925-3-37

LAXMAN WAMAN GADRE Vs. SARASWATI GANESH GADRE

Decided On March 10, 1925
LAXMAN WAMAN GADRE Appellant
V/S
SARASWATI GANESH GADRE Respondents

JUDGEMENT

(1.) IN this case the plaintiff's suit was dismissed, and lie was ordered to pay the defendants costs. When the decree was drawn up the plaintiff contended that the coats payable by the plaintiff were not in accordance with the judgment. Defendants Nos. 1 and 2 were allowed their costs on the valuation of the plaintiff's suit. Defendant No. 3 was also allowed his costs on the same value. The plaintiff then applied to the Judge to alter the method of taxation as appearing in the decree. The Judge declined to alter the taxation. The plaintiff has appealed, it would appear, not against the decree, which embodied the directions given in the judgment, but against the taxation of the costs. We doubt very much whether an appeal lies under any of the provisions of the Code against an order of the Judge directing how costs are to be taxed. However that may be, it is quite clear that the defendants were entitled to their costs taxed on the basis of the valuation of the plaintiff's suit. However many the defendants may be claiming in separate interests, they are T. entitled to appear and defend the suit, and each defendant's pleader would be entitled under the Bombay Pleaders Act to charge a fee based on the suit valuation for the purpose of pleader's fees. So that as the defendants were successful and their costs were ordered to be paid by the losing party, each defendant was entitled to costs taxed on the basis of the suit valuation and not on the basis of what each defendant's interest might be in the suit itself. The appeal must be dismissed with costs.