R. Dayal, J. - (1.) The following question has been referred to this Bench for decision: "In a case where full legal fee has been taxed in favour of a party in the decree disposing of the suit itself, if a review application is made by the other side and is dismissed afterwards and the successful party in the suit engages the same lawyer to contest the review application also, can a fresh taxation on account of the fees of the lawyer be made in favour of the successful party for the review application.
(2.) Mr. Kazmi, Learned Counsel for the applicant contends that the maximum taxable amount on account of legal practitioner's fee had been taxed in the original decree and that, therefore, in view of Rule 583, General Rules (Civil), no further sum on account of the legal practitioner's fee could be taxed in the formal order in the review application. In support of this contention reliance is placed for the applicant on Rule 583, General Rules (Civil). The second paragraph of Rule 583 and illustration I to this rule are relevant for our purpose. Rule 583 is as follows: "The party entitled under a decree or an order to be paid costs in a suit or an appeal or a proceeding, by any other party shall not be entitled to any larger allowance for legal practitioners fee in the suit, including all proceedings in the execution of the decree or order than the fee hereinafter provided for in Rules 585 to 600, inclusive which may be applicable to the case."
(3.) The first illustration is: "A plaintiff who has obtained a decree in a contested suit in which the claim is Rs. 5,000/- and who has obtained a decree or an order for costs and has filed the requisite certificates, shall not be entitled to a larger allowance on taxation in respect of legal practitioner's fees in the suit and in all proceedings therein, including the execution of the original decree, than Rs. 375.";