P.B. Mukharji, J.

1. THIS summons raises a point of universal importance to the litigant public and the profession of solicitors in India. The cardinal question on this application is how far, if at all, an attorney's private agreement with client to charge higher fees and remuneration than those obtainable under the Rules of this High Court can prevail. The clear issue in this application is whether such a private agreement supersedes the scale of fees permitted by the High Court. In short the point is if such private agreement gives the attorney immunity from taxation of his fees according to the Rules of this Court. The attorney in this case has charged and obtained from his client fees amounting to Rs. 1,73,033-6-0 under an alleged private agreement. The client considers such fees to be excessive or exorbitant and wants them to be taxed according to the scale laid down by the High Court. The attorney resists on the ground of this private agreement, and claims by virtue thereof exemption from such taxation. No attorney has claimed such privilege before in the history of this High Court. I am not aware of any attorney elsewhere in India has claimed similar privilege.

2. THE