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Ghassee Jemadar Vs. NassiruddIn Mistry - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1899)ILR26Cal769
AppellantGhassee Jemadar
RespondentNassiruddIn Mistry
Excerpt:
practice - agreement as to costs between attorney and client--change of attorney--right of attorney to his taxed costs. - .....is not entitled to have his costs taxed in the usual way. i am of opinion that on the terms of the agreement the attorney is entitled, upon his ceasing at the instance of the defendant to act as attorney for him, to have his costs taxed in the usual way. the special agreement has been rescinded by the client by his insisting upon a change of attorneys; he cannot therefore base any claim upon a contract to which he himself has not adhered. mr. bonnaud's client must pay the costs of this application, and i certify for counsel. application for change of attorney without payment of costs is refused.2. attorney for the defendant: babu n.j. newgie.3. mr. e.j. fink acted as attorney on his own behalf.
Judgment:

Stanley, J.

1. In this case there was an agreement in writing between the defendant and his attorney, whereby the attorney agreed to accept Rs. 150 for his personal services in addition to costs out-of-pocket and Counsel's fees, but in the event of the client being successful the attorney was to refund the Rs. 150, and in that event to recover full costs from the plaintiff. Some misunderstanding appears to have arisen between the defendant and his attorney, and the defendant in consequence desires to change his attorney, and thereby preclude him from carrying on the case to a termination with the chance of success and profit therefrom to the attorney. It is said by Mr. Bonnaud that the attorney agreed to conduct the case for Rs. 150, and has been paid that sum, and he is not entitled to have his costs taxed in the usual way. I am of opinion that on the terms of the agreement the attorney is entitled, upon his ceasing at the instance of the defendant to act as attorney for him, to have his costs taxed in the usual way. The special agreement has been rescinded by the client by his insisting upon a change of attorneys; he cannot therefore base any claim upon a contract to which he himself has not adhered. Mr. Bonnaud's client must pay the costs of this application, and I certify for Counsel. Application for change of attorney without payment of costs is refused.

2. Attorney for the Defendant: Babu N.J. Newgie.

3. Mr. E.J. Fink acted as Attorney on his own behalf.


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