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1961 Supreme(All) 261

DESAI, DWIVEDI
Dwarka Prasad and after him Bharat Singh – Appellant
Versus
Ali Sher Khan – Respondent


Advocates appeared:
Babu Ram Avasthi, For the Appellant / N.A. Kazmi for Respondent, For the Respondent

JUDGMENT

Desai, C.J. - This is an application by the Appellants in F.A. No. 382 of 1946 disposed of by this Court on 2-12-1959. Sri B.R. Avasthi was the Advocate for the Appellants and he filed his Vakalatnama in the appeal and a certificate of having received Rs. 105 as his fee in the appeal. The Respondents filed a cross-objection and Sri B.R. Avasthi, without filing another Vakalatnama in the cross-objection, filed another certificate of having received Rs. 105 more for opposing the cross-objection. The appeal and the cross-objection both were dismissed with costs. Separate memoranda of costs were prepared for the appeal and the cross-objection. There is no controversy about the memorandum of costs prepared for the appeal, but in the memorandum of costs prepared for the cross-objection the amount of Rs. 105 paid to Sri B.K. Avasthi was not shown on the ground that Sri B.R. Avasthi had not filed a separate Vakalatnama or retainer slip in the cross-objection. So this application has been made by the Appellants for correction of the memorandum of costs in the cross-objection.

2. We have heard Sri B.R. Avasthi and Sri N.A. Kazmi and are satisfied that the memorandum of costs of the cr

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