AIR 1925 BOMBAY 513 ::1925 (27) Bom LR 1156 ::1925 (90) Ind Cas 604

Bombay High Court

Hon'ble Judge(s): Macleod , C.J. AND Coyajee , J

Bombay Pleaders Act (17 of 1920) , S.17, S.19— No special agreement between pleader and client- Pleader dying before A decree-Proportionate fees on basis of quantum meruit only can be claimed-Legal Practitioner. In the absence of any special agreement, a pleader shall be entitled to receive fees allowed on taxation between himself and his client for his services until the final decree or order in the proceeding is passed. If a pleader dies before such final decree or order is passed or for any reason the engagement of his services by his client is put an end to, then the pleader will only be entitled to ask the Court to award him certain proportionate fees on the basis of a quantum meruit. The Court in assessing the quantum meruit might be guided by the percentages laid down by law for the regulation of costs between party and party, but is not bound to adopt that guide where circumstances of the case would render it unjust to do so.