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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