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1992 Supreme(Kar) 44

INDIAN BANK – Appellant
Versus
COURT OF SMALL CAUSES, BANGALORE – Respondent


Advocates:
A.KESHAVA BHAT

K. J. SHETTY, J.

( 1 ) THIS revision petition is directed against the order of the Additional Judge, Court of Small Causes, Bangalore, dated 29th August, 1991 in Execution case No. 4960 of 1991 upholding the office objections.

( 2 ) THE facts in brief arethe petitioner is the decree-holder. He filed an execution petition against the respondent-Judgment-debtor. In the execution petition, he has claimed the advocate's fee on the basis of the value of the claim in the petition. The office has raised an objection to the effect that the decree-holder is entitled to Rs. 3/- for cost of decree copy and Rs. 13-37 as Advocate's fee i. e. , 50 per cent of the Advocate's fee granted on the value of the decree which is entitled to claim in the execution petition. The counsel appearing for the execution petitioner filed objections contending therein that the Advocate's fee is to be fixed on the total value of the claim in the execution petition as per Rule 100 (d) (i) read with Rule 100 (1 ) (a) of tie Karnataka civil Rules of Practice. But the lower Court has upheld the office objection holding that the decree-holder is entitled to 50 per cent of the Advocate's fee granted in the suit (small ca







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