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1934 Supreme(Cal) 140

LORT-WILLIAMS, LORD WILLIAMS, COSTELLO
Premsukhdas Singhynia – Appellant
Versus
N. C. Bural and Pyne – Respondent


JUDGMENT

Costello, J. - This is an appeal from a judgment of Ameer, Ali, J., dated 16th August 1932 and the order which the learned Judge made, as part of that judgment, is in these terms: The order I propose to make is as follows:

(i) An order for payment of the costs of the applicant as are taxed against both respondents to this application.

(ii) an order charging the fund in the hands of P.N. Sen & Co., with payment of such costs in support of the applicant's lien.

(iii) an order against both respondents restraining them from withdrawing the said fund in excess of the amount due to the applicant without payment of such amount.

(iv) an order restraining both defendants from satisfying the decree in this suit in any manner which will deprive the applicant for such costs.

(v) the respondents to pay the costs of this application.

2. (After reciting the facts, His Lordship proceeded). Put compendiously therefore the claim which Messrs. Bural & Pyne were making was that the settlement arrived at between Singhania and Didwania, was to all intents and purposes, a device intended to deprive the solicitors of the costs which they earned in obtaining the decree in suit No. 568 of 1926. The learne

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