583. Conditions governing taxation of lawyer's fee.
- Rules 585 to 600 inclusive shall, subject to Rule 582, regulate the amount of legal practitioner's fees to be taxed as cost under a decree or order of a court in favour of any party to a suit, appeal or other proceeding. These rules shall also regulate the amount of fees to be taxed in favour of or against the Government where costs are awarded by the court in cases, under the Court Fees Act, 1870, and the Stamps Act, 1899, as in force in the Uttar Pradesh, in which the Government are not a party.The party entitled under a decree or an order to be paid costs in a suit or an appeal or a proceeding, by another party shall not be entitled to any larger allowance for legal practitioner's fee in the suit, including all proceedings in the execution of decree or order than the fee hereinafter provided for in Rules 585 to 600 inclusive, which may be applicable to the case :Provided always that no fee shall be allowed on taxation or included in any decree or order the payment of which has not previously been certified in accordance with Rule 582 :Provided also that the fee received by a legal practitioner from a joint Hindu family, of which he is a member for appearance in a case shall not be certified by him, nor shall it be taxed as costs in the decree :Provided further that this rule shall not apply to an order made under Chapter III, Rule 79.For the purpose of this rule "Legal Practitioner" includes an Advocate. Attorney, Pleader and a Mukhtar entitled to appear, plead and act in civil court under the proviso to Rule 558.IllustrationA plaintiff who has obtained a decree in a contested suit in which the claim is Rs. 5,000 and who has obtained a decree or order for costs and has filed the requisite certificates, shall not be entitled to a larger allowance on taxation in respect of legal practitioners fees in the suit and in all proceedings therein, including the execution of the original decree, than [Rs. 500] [Substituted by Notification No. 70/VIII-b-188, dated 31-1-1989, published In U. P. Gazette, Part II, dated 26-8-1989.].Should there be [contested] [Inserted by Notification No. 126/VIII-b-43, dated May 14, 1959, published in U. P. Gazette, Part II, dated 3-10-1959.] appeal from the original decree in such suit, and the value of the appeal be Rs. 5,000 the litigant in such appeal who has obtained a decree or an order for costs and has filed the requisite certificates shall not be entitled to a larger allowance on taxation in respect of legal practitioner's fees in the appeal and in all proceedings therein, including proceedings in the execution of the appellate decree than [Rs. 500] [Substituted by Notification No. 70/VIII-b-188, dated 31-1-1989, published In U. P. Gazette, Part II, dated 26-8-1989.].
