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1963 Supreme(Ker) 185

M.S.MENON, S.VELU PILLAI, M.MADHAVAN NAIR
Isaac Mathai, Komatath Kizhakkathil Mayetikara – Appellant
Versus
T. B. Mathew – Respondent


Advocates:
G. Rajasekhara Menon, for Petitioner; K. Velayndban Nair, V.S. Moothathu, K.J. Joseph and T.K.M. Unnithan, Advocate General, for Counter-Petitioner.

Judgement

MADHAVAN NAIR, J. :- The complaint against the respondents that as the Pleader of the petitioner he had drawn from Court Rs. 790/- in O.S. No. 94 of 1104, and Rs. 3.416/- in O.S. No. 436 of 1109, both on the file of the Munsif, Mavelikara, but paid only Rs. 1,288/- odd to the petitioner and had not paid the balance in spite of repeated demands. That the respondent had drawn from Court the aforesaid amounts is not disputed. The petitioner made a complaint under the Travancore VakilsAct, 1075 (1900), before the District Judge, Mavelikara, on June 20, 1952, but it came to be thrown out on August 12, 1959, as incompetent; and a revision sought against that order failed in the High Court on June 9, 1961. He has therefore filed this complaint on December 15, 1961, under the Legal PractitionersAct, 1879, which, as per the direction of this Court has been enquired into by the District Judge, Alleppey.

In reply to the complaint, the respondent has stated that he had paid to the petitioner and his nominees Rs. 3,435/- odd before May, 1945, which was above the amount collected in O.S. No. 436 of 1109; and also Rs. 827/- odd before April 1947, which was also above the decree amount in






































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