SHRIMANT RAMCHANDRA MUKUNDRAO KIBE; SHRINIWAS SHASTRI Vs. SERVANTS OF INDIA SOCIETY; SHRIMANT RAMCHANDRA MUKUNDRAO KIBE

JUDGEMENT

(1.) These appeals were decided on October 4, 1935, and both were dismissed with costs. Appeal No. 316 of 1928 was not decided on the merits but was dismissed, because the appellant did not pay a sufficient Court-fee, and was not willing to rectify the omission. Appeal No. 86 of 1928 was decided on the merits.

(2.) In speaking to the minutes in both these cases, the learned advocates ask for two sets of pleaders fees under Rule 97 in Appendix E at p. 49 of the Rules of the High Court of Judicature at Bombay, which is the same as Section 20 of the Bombay Pleaders Act. It has been decided in the case of Tulsi V/s. Onkar Huna (1927) I.L.R. 51 Bom. 492 that unless the Court otherwise directs, the fees of two pleaders should be allowed on taxation of the bill of costs in cases falling under Clauses (a), (b) and (c) of Sub-section (1) of Section 20 of the Bombay Pleaders Act, 1920. Therefore the parties in these appeals are entitled to two sets of pleaders fees as a matter of course, if they come within the provisions of Section 20, and the argument has been whether the conditions required of Section 20 have been fulfilled.

(3.) Section 20 runs- Where a party has, before the first hearing of a proceeding, engaged more than one pleader, the fees of two pleaders may be taxed in- (a) any original suit of which the amount or value of the subject-matter exceeds Rs. 5,000; (c) in any appeal to the High Court from a decree deciding on the merits any -suit or contested proceeding of the kind referred to in Clause (a) or Clause (b).