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1985 Supreme(Ker) 307

THOMAS
STATE BANK OF TRAVANCORE – Appellant
Versus
SREEPATHY BHAT – Respondent


Judgment :-

1. Whether an advocate is entitled to the full fees prescribed in a case where the suit is decreed pursuant to the withdrawal of the contentions of the defendants, after the settlement of issues in that suit? This is the question raised in this revision.

2. The facts:-In a suit filed by the State Bank of Travancore for a sum of more than a lakh of rupees, the defendants had filed written statements raising different contentions. Issues were settled in the suit and the case was posted for trial. Since the defendants had withdrawn their contentions, the suit was decreed on 1-8-1977 "as prayed for with costs". When the decree was prepared, the full fees payable to the plaintiff's advocate (including the fees for the junior advocate) has been included in the costs portion. The defendants thereupon filed a petition for amendment of the decree as per S.151 & 152 of the Civil Procedure Code. The court allowed that petition with a one word order which was set aside by this court and directed the trial court to pass a speaking order. After the remand, the trial court has passed a considered order allowing the application for amendment of the decree, holding that the advocate is e







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