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G. Narainsawmy Naidu Garu, Receiver, Nidadavole Estate Vs. Chellapalli Hanumanulu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.398
AppellantG. Narainsawmy Naidu Garu, Receiver, Nidadavole Estate
RespondentChellapalli Hanumanulu
Cases ReferredMackenzie v. Mackintosh
Excerpt:
pleader and client - moneys collected by pleader in execution of a decree obtained by his client--right of appropriation for dues in other cases--contract act (ix of 1872), section 217. - - thiruvengadacharyar are good authority for the position that a solicitor has no right of retainer in monies realised by him in one cause for his dues in others causes conducted by him......appropriate the amounts realised in execution of the small cause decree towards his dues in other cases conducted by him, even if we are to assume a previous course of practice according to which it was usual to make such appropriations. it is not suggested that these instructions were subsequently cancelled or varied. the cases cited by mr. thiruvengadacharyar are good authority for the position that a solicitor has no right of retainer in monies realised by him in one cause for his dues in others causes conducted by him. see bazan v. bolland, 48 r.r. 121 mackenzie v. mackintosh 64 l.t.n.s. 706. a pleader in india has no larger rights. section 217 of the contract act does not help the defendant. we must, therefore, reverse the decrees of the courts below. the plaintiff will have a.....
Judgment:

1. In the face of the specific instructions contained in Exhibits E and F, the defendant had no business to appropriate the amounts realised in execution of the small cause decree towards his dues in other cases conducted by him, even if we are to assume a previous course of practice according to which it was usual to make such appropriations. It is not suggested that these instructions were subsequently cancelled or varied. The cases cited by Mr. Thiruvengadacharyar are good authority for the position that a solicitor has no right of retainer in monies realised by him in one cause for his dues in others causes conducted by him. See Bazan v. Bolland, 48 R.R. 121 Mackenzie v. Mackintosh 64 L.T.N.S. 706. A pleader in India has no larger rights. Section 217 of the Contract Act does not help the defendant. We must, therefore, reverse the decrees of the Courts below. The plaintiff will have a decree for Rs. 556-14-4 with interest at 6 per cent. from the 1st June, 1903, to this date with further interest at 6 per cent on the whole sum until realisation not exceeding six months from this date. The plaintiff is entitled to his costs throughout.


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