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2004 Supreme(Mad) 511

T.V.MASILAMANI
Central Bank of India, represented by its Branch Manager, Virudhunagar – Appellant
Versus
J. Maria Jesu Kennady and others – Respondent


Advocates:
T.V.Sivakumar, for Petitioner.

ORDER: The revision petition is filed challenging the fair and decretal orders passed by the Subordinate Judge, Virudhunagar in I.A.No.305 of 1997 in O.S.No.196 of 1996 dated 5.8.1997.

2. The revision petitioner is the nationalised bank and as plaintiff, the bank filed the said suit on the file of the Subordinate Judge, Virudhunagar for recovery of the mortgage money due from the respondents/defendants on the basis of the registered mortgage deed executed by the defendants in favour of the plaintiff for a sum of Rs.7,50,600.85 with interest and costs. A preliminary decree was passed on 13.11.1996 wherein the Pleader’s fees had been calculated as per Rule 3(2)(a) of the Legal Practitioners Fees Rules, 1973 and a sum of Rs.10,056 towards senior advocate’s fees and Rs.3,352 as Junior advocate’s fees had been taxed as per the cost memo filed by the plaintiff, even though a sum of Rs.16,656 and Rs.5,559 had been claimed by the plaintiff towards the fees payable by the defendants to the senior advocate and the junior advocate respectively. Hence the revision petitioner was constrained to file the said application to award the schedule fees in accordance with the provision under Rule 3(2)(







































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