Regarding Advocate fee in Bill of Cost in a Decree?
If a suit(Original Suit for Declaration, Partition and Separate Possession) is dismissed with Cost then in Decree of the said suit the defendant is liable to be paid the cost of the suit as per Rule 100(a). The valuation of the said property is Rs.33,35,65,457/- and the suit is in Karnataka Jurisdiction. According to The Karnataka Civil Rules of Practice, 1967 the Advocate fee is calculated on the value or the subject matter of the suit, which shall be the same as prscribed by the Karnataka Court Fees and Suits Valuation Act, 1958, for the determining the jurisdiction of the Court, according to the following scales:
Above Rs.1,00, 000/- Rs..4,125/-+1 1/2(one and half) per cent on the amount which exceeds Rs.1,00,000/-
Now according to the suit property valuation of Rs.33,35,65,457/- the Advocate fee amounts to Rs.50,01,981/-.
MY QUESTION IS :
is this fee admissible in the bill of Costs in a Decree or is there any maximum limit to Advocate fee ?