P.B. Mttkharji, J. - (1.) This Summons raises important questions of taxation of costs as between party and party. It involves determination of the principles of party and party taxation which should guide, govern and regulate fees of Commissioner, Counsel and attorney on commission, their travelling expenses, their boarding and lodging expenses, and allowances, if any, for loss of time involved in the journey.
(2.) This is an application on behalf of the defendant for review of the Taxing Officer's order of taxation of the applicant's bill of costs No. 950 of 1952. The Taxing Officer's order under review is dated 20th June, 1951. The defendant took out this summons on the 26th November, 1953. On the summons the exceptions are taken only to Items Nos. 3, 4 and 5 as they appear on the Grounds of Exception filed before the Taxing Officer. But here before me by consent of parties appearing. Item No. 6 of such Grounds of Exceptions has also been included. The applicant seeks to set aside the report of the Taxing Officer, dated the 1st October, 1953, in respect of these Items 3, 4, 5 and 6. The applicant also asks on this Summons that the costs of and incidental to this application.be paid by the plaintiff. This Summons is taken out by Messrs. Chowdhury & Chowdhury, the Attorneys on behalf of the applicant.
(3.) At the outset, I propose to set out Items Nos. 3, 4, 5 and 6 to which exceptions are taken. They are:- "Item 3, dated 25th September, 1949-Paid to Counsel 90 g.ms for examining the defendant at Bikanir - Rs. 1,530". "Grounds of Objection-This constitutes fees for Counsel as hearing for 6 days. The learned Taxing Officer wrongly allowed only Rs. 119 following Rule 91, Item 41 of Chapter XXXVI as between party and party. We submit that the said Rule is not at all applicable here and moreover the said Rule v is misconceived. The fees paid for 6 days are reasonable and should be allowed." "Item 4, dated 20th October, 1949-On the evening of the 15th October, 1949, the senior attorney started for Bikanir at 7 pm. with the Counsel:- Rs. 75 and other subsequent attendances up to 20.10.49. at the rate of Rs. 150 each day for 6 days-Rs. 725.";