P.B. Mukharji, J. - (1.) This is a summons of the Plaintiff's tourney for review of the decision of the Taxing Officer dated April 28, 1954.
(2.) The bill of costs of the Plaintiff's attorney was lodged for taxation as between attorney and client under the warrant of attorney. No one on behalf of the Plaintiff appeared before the assistant Taxing Officer at the time of taxation although notice has served on the Plaintiff. The Assistant Taxing Officer disallowed 15 items of that bill of costs which are incidental to the application of the Plaintiff for discovery against the guardian-ad-litem of the seventh Defendant in the suit who is a minor the Plaintiff's attorney filed his exceptions in respect of those ends disallowed by the Assistant Taxing Officer and the said receptions were heard and decided by the Taxing Officer on April 28, 1954. No one on behalf of the Plaintiff appeared at bed time when such exceptions were heard in spite of the notice proved on the Plaintiff. By that order of April 28, 1954, the taxing Officer upheld the view of the Assistant Taxing Officer and discharged the exceptions with costs.
(3.) In that order of the Taxing Officer, it is stated after disallowing the exceptions: "I feel tempted to report this matter to Court under Rule 11, Chapter XXXVI, of Original Side Rules, as I consider that it was improper on the part of the attorney make this application for discovery against the minor Defendant No. 7 in the circumstances discussed before me but I do not do so as the charges for the same are already been disallowed by the Assistant Taxing Officer and which decision being upheld by me.";