BHAJAN LAL Vs. KEDAR NATH

JUDGEMENT

(1.) This is an application for the revision of an order passed by the learned Additional Subordinate Judge of Agra, on the 9 of January 1926, by which be ordered a correction of a decree passed by himself. It appeals that the opposite party brought a suit for sale against two defendants, Bhajan Lal, a minor, and Trilokinath, also a minor, on foot of a mortgage-bond alleged to have been executed by the father of Triloki Nath who was a brother of Bhajan Lal. Both Triloki Nath and Bhajan Lal contested the suit. By order dated the 21 of August 1925,the 9 of September was fixed for final disposal of the case.

(2.) On that date Bhajan Lal filed his written statement, issues were framed and evidence was recorded. The order-sheet establishes that on that; day the plaintiff stated that be would not enforce his claim against half the property belonging to Bhajan Lal. The Court accordingly, dismissed the suit against Bhajan Lal and exempted his half-share in the mortgaged property from the decree. A decree was prepared and the entire pleader's fee, as calculated on the full amount of the claim, was allowed to Bhajan Lal. His pleader had filed a certificate of fees for the amount of Rs. 200 and the whole of it, being less than the amount payable with respect to the claim, was allowed. Subsequently the plaintiff made an application for correction of the decree and the Munsarim reported to the Subordinate Judge that the defendant having been exempted, only one-half of the fee should have been awarded. The Judge accepted the correctness of the report, with the result that under his orders, the applicant was allowed only Rs. 100 on account of pleader's fees.

(3.) In this Court the counsel for Bhajan Lal contends that the suit was decided after contest and therefore the full fee of Rs. 200 was payable. On the other hand it is contended on behalf of the plaintiff-respondent that the case is covered by the principle of Rule 22, Ch. 21 of the General Rules framed by the High Court for the guidance of subordinate Courts.