Bapuji Sorabji Patel vs Bhikubhai Virchand on 14 August, 1915

JUDGMENT

Macleod, J.

1. Under the present wording of Rule 519 the words “as the Taxing Master shall in his discretion think proper to be settled by counsel” only refer to special affidavits and not to pleadings. There can be no doubt there was an intention to follow the English rule, but this intention was frustrated by the word “such” being placed before ‘special affidavits’ instead of before ‘pleadings.’ Therefore the Taxing Master must be asked to review his taxation and allow such fees to counsel as he thinks proper.