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Gauri Sahai Vs. A.C. Bahree - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1918All183(1); (1918)ILR40All515; 45Ind.Cas.985
AppellantGauri Sahai
RespondentA.C. Bahree
Excerpt:
general rules of the high court (civil), rules 21, 25 - pleader's fee--order on objection as to jurisdiction raised by defendant returning plaint for presentation to proper court--costs - - but it was clearly decided after contest and on the merits of the contest so far as that contest went. in our opinion rule 21 clearly applies in this case......had no jurisdiction to try the suit. this issue was taken up first at the request of the plaintiff and decided in favour of the defendant. the court ordered the plaint to be returned and awarded the defendant his costs. in drawing up the decree the pleader's fee was calculated at 5 per cent, according to rule 21 of chapter xxi of the general rules (civil) for the subordinate courts. the plaintiff objected on the ground that this rule did not apply but that rule 25 of that chapter did apply. the lower court has held that the case falls within rule 21. on behalf of the appellant it is urged that the case was not decidedon the merits; but it was clearly decided after contest and on the merits of the contest so far as that contest went. we do not think that rule 25, which applies to.....
Judgment:

Tudball and Abdul Raoof, JJ.

1. The facts of this case are simple. The plaintiff appellant filed a suit against the defendant. Notice was issued, a written statement filed and issues were framed. One of the issues raised the question of the jurisdiction of the court. It was pleaded by the defendant that the learned Subordinate Judge had no jurisdiction to try the suit. This issue was taken up first at the request of the plaintiff and decided in favour of the defendant. The court ordered the plaint to be returned and awarded the defendant his costs. In drawing up the decree the pleader's fee was calculated at 5 per cent, according to rule 21 of Chapter XXI of the General Rules (Civil) for the Subordinate Courts. The plaintiff objected on the ground that this rule did not apply but that rule 25 of that chapter did apply. The lower court has held that the case falls within Rule 21. On behalf of the appellant it is urged that the case was not decidedon the merits; but it was clearly decided after contest and on the merits of the contest so far as that contest went. We do not think that Rule 25, which applies to appeals from orders and other cases, is intended to cover a case of the present kind. In our opinion Rule 21 clearly applies in this case. There is therefore no force in the appeal. We accordingly dismiss it with costs.


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