( 1 ) ). THE following two questions of general importance with regard to the taxing of costs on the appellate side have been referred by a Division Bench of this Court (D. P. Desai and N. H. Bhatt JJ) to the Full Bench: (1) Where the appellate Court passes an order with regard to allowing proportionate costs to each of the two contesting parties in the appeal which succeeds partly are the court-fees to be taxed as payable according to the table of fees on the claim actually allowed or in proportion to the court-fees paid on the entire claim in appeal by finding out some percentage of success of the appeal as compared to the whole claim made ? (2) Whether advocates fees are to be taxed as per the table of fees on the amount of claim allowed or disallowed or whether they are to be taxed on percentage basis as stated above ?

( 2 ) THESE two questions arise as pointed out in its order of reference by the Division Bench out of a common practice prevalent in this State in the appellate Courts and in some cases even in the trial Courts to pass an order of costs in proportion to the success of the claims that is to say to award costs to the plaintiff or appellant in proporti