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IN RE TWO PROCTORS


In Re Two Proctors

1935   Present  :  Akbar, Poyser, and Maartensz JJ.

In re TWO PROCTORS.

IN THE MATTER OF A RULE ISSUED AGAINST THE RESPONDENTS
 UNDER SECTION 19 OF THE COURTS ORDINANCE.

Proctor-Settlement of case-Stipulation for payment of exceptional fee- Attempt to keep the payment secret-Deceit and malpractice-Proctor and client-Jurisdiction of Court to inquire into question of costs-Courts Ordinance, No. 1 of 1889, s. 19.

Two persons Karuppiah and Kaduravel of Gampola claimed the money due on a prize drawn in a sweep conducted by the Galle Gymkhana Club, and, as a result, an interpleader action was instituted in the District Court of Galle to decide the dispute. The case was settled by a joint motion filed in the action in the following terms:-"We move that decree be entered declaring each of the defendants entitled to a half share of the amount in deposit, each party to bear his own costs."

The first and second respondents were proctors practising in Gampola, who advised Karuppiah and Kaduravel respectively, throughout the proceedings that culminated in the settlement.

The motion for the settlement contained a certificate that it was explained to th
























































































































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