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Bapuji Sorabji Patel Vs. Bhikubhai Virchand - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported inAIR1915Bom245; (1915)17BOMLR924
AppellantBapuji Sorabji Patel
RespondentBhikubhai Virchand
Excerpt:
rules of the high court of bombay, rule 519-practice-taxation of costs.;the words 'as the taxing master shall in his discretion think proper to be settled by counsel' in rule 519 of the rules of the high court of bombay, refer only to special affidavits and not to pleadings. - macleod, j.1. under the present wording of rule 519 the words 'as the taxing master shall in his discretion think proper to be settled by counsel' only refer to special affidavits and not to pleadings. there can be no doubt there was an intention to follow the english rule, but this intention was frustrated by the word 'such' being placed before 'special affidavits' instead of before 'pleadings.' therefore the taxing master must be asked to review his taxation and allow such fees to counsel as he thinks proper.
Judgment:

Macleod, J.

1. Under the present wording of Rule 519 the words 'as the Taxing Master shall in his discretion think proper to be settled by counsel' only refer to special affidavits and not to pleadings. There can be no doubt there was an intention to follow the English rule, but this intention was frustrated by the word 'such' being placed before 'special affidavits' instead of before 'pleadings.' Therefore the Taxing Master must be asked to review his taxation and allow such fees to counsel as he thinks proper.


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