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The Collector of Muttra as Manager of the Court of Wards of the Estate of Kunwar Mahomed Eastmed Ali Khan Vs. Bibi Ahmadi Begam - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in5Ind.Cas.121
AppellantThe Collector of Muttra as Manager of the Court of Wards of the Estate of Kunwar Mahomed Eastmed Ali
RespondentBibi Ahmadi Begam
Excerpt:
costs - pleader's fee--suit withdrawn. - .....in suits or appeals which are decided on the merits after contest. this case was not decided on the merits, after contest but the suit was withdrawn, tinder these circumstances, the court below was fight in not allowing fees as in a suit decided on the merits after contest. the right scale of fees in such a case is the scale allowed by the court below. we, therefore, dismiss the appeal with costs.
Judgment:

1. The only question in this appeal is whether the Court below was right in allowing to the appellant half his pleader's fees and not the full amount of certified, fees. In awarding costs as between party and party the Court was bounds to follow the provisions of Rules 456 and 457 of the Rules of the 4th of April 1894. Under the former rule a party entitled under a decree to be paid costs in a suit by another party shall not be entitled to a larger allowance for legal practitioners' fees in the suit than the fee mentioned in Rules 457 to 457 and Rule 457 prescribes a scale of fees, which is the scale now claimed, only in suits or appeals which are decided on the merits after contest. This case was not decided on the merits, after contest but the suit was withdrawn, tinder these circumstances, the Court below was fight in not allowing fees as in a suit decided on the merits after contest. The right scale of fees in such a case is the scale allowed by the Court below. We, therefore, dismiss the appeal with costs.


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