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Bhop Singh and ors. Vs. Debi Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All709
AppellantBhop Singh and ors.
RespondentDebi Singh
Excerpt:
pre-emption - fees--act xx of 1865, section 37. - - --the pleader's fee clearly should not be reckoned upon a valuation of the properties which is found to be false......not exceed rs. 5,000, five per cent is the largest amount payable by any party in respect of the fees of his adversary's pleader. after rs. 5,000 and up to rs. 20,000, two per cent. is payable, vide c.o., dated the 23rd april 1860.
Judgment:

Pearson, J.

1. After disposing of the other pleas in appeal, continued:--The pleader's fee clearly should not be reckoned upon a valuation of the properties which is found to be false. Whether it should he calculated on Rs. 2,300, the real value as found in the decision, or Rs. 1,370-5-0, the amount on which the Court-fee on the plaint was paid, may be a question. The latest opinion seems to be in favour of the former mode of calculation, which should therefore be adopted in substitution for that which has been adopted in the Court below. With this slight modification, I would affirm the lower Court's decree and dismiss the appeal with costs.

Robert Stuart, C.J.

2. I entirely approve of the view taken of this case by my colleague, Mr. Justice Pearson, and I quite agree with him as to the principle on which the pleader's fee should he calculated. The appeal is dismissed with costs. *

*Under the rules framed by the High Court under Section 37 of Act XX of 18C5, in suits for moveable and immoveable property, where the amount or value of the claim does not exceed Rs. 5,000, five per cent is the largest amount payable by any party in respect of the fees of his adversary's pleader. After Rs. 5,000 and up to Rs. 20,000, two per cent. is payable, vide C.O., dated the 23rd April 1860.


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