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State of Maharashtra - Section

Section 52 in Caste questions, Pleaders

52. [ Fees in original suits. - First. [Section 52 is modified by Sections 6 and 7 of Act 1 of 1846.]

- Each pleader employed in prosecuting or defending an original suit shall be entitled to a percentage on the amount sued for, according to the rates specified in Appendix L, as a remuneration for his trouble in acting in behalf of his client, until the decree in the suit is passed, and thereafter until such decree is fulfilled.]Second. - In Appeals. - The remuneration to a pleader employed in prosecuting or defending an appeal, regular or special, shall be the same as is above prescribed in the case of an original suit.Third. - Private agreement not barred. - The above rules shall not prevent an express agreement being entered into between pleader and client, for either a larger or smaller sum than the established fee.Fourth. - Pleader to have excess when costs awarded against other party exceed amount agreed upon. - But, if a larger sum than was agreed for between a pleader and client is awarded in costs against the other party, the pleader, notwithstanding his agreement with his own client, shall be entitled to the excess when recovered.Fifth. - [Recovery of fees.] Repealed Act XII of 1873.