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Issues Involved:
1. Jurisdiction of the Court to order taxation of attorney's bills. 2. Validity and enforceability of a private agreement between attorney and client to charge higher fees. 3. Legal effect of payment of bills and client's silence on the bills. 4. Relevance of the Legal Practitioners' Fees Act, 1926 in this context. 5. Requirement for proper itemization and detailing of attorney's bills. Issue-wise Detailed Analysis: 1. Jurisdiction of the Court to Order Taxation of Attorney's Bills: The court examined whether it had the jurisdiction to order the taxation of the attorney's bills on a summons. The attorney argued that the court had no inherent right to direct taxation of every bill and that such matters should be resolved through a suit, especially when a special agreement is alleged. The court, however, held that it has inherent jurisdiction to direct taxation of an attorney's bill of costs, citing the Letters Patent of this Court and the Original Side Rules. Specifically, Rule 2 of Chapter 36, Original Side Rules, mandates that in cases not sufficiently declared by the High Court Rules, the English rules and practice should be followed. The court emphasized that the English courts have always exercised inherent jurisdiction over solicitors to order taxation, even apart from statutory provisions. 2. Validity and Enforceability of a Private Agreement Between Attorney and Client to Charge Higher Fees: The court scrutinized the attorney's claim of a special agreement to charge higher fees. The attorney's plea was vague and lacked specific terms, making it difficult to ascertain the exact nature of the agreement. The court emphasized that a special agreement must contain clear terms and identify the costs. It held that the alleged agreement was not sufficiently established and that such agreements are viewed with great suspicion due to the fiduciary relationship between attorney and client. The court concluded that the attorney's special agreement did not provide immunity from taxation under the High Court Rules. 3. Legal Effect of Payment of Bills and Client's Silence on the Bills: The court examined the circumstances under which the client paid the bills and whether such payment or silence constituted a bar to taxation. The client had paid the first two bills without protest but later contested them, stating that they were paid based on the attorney's representation of correctness. The court held that payment of a bill does not preclude an order for taxation, especially when the bills lack proper itemization and details. The court found that the bills in question were lump sum bills without itemization, making it impossible for the client to scrutinize them. 4. Relevance of the Legal Practitioners' Fees Act, 1926: The attorney argued that the Legal Practitioners' Fees Act, 1926 allowed for private agreements on fees and that such agreements should prevent taxation. The court rejected this argument, stating that the Act primarily defines the rights of legal practitioners to sue for their fees and their liability for negligence. The court clarified that the Act applies to legal practitioners in subordinate courts and not to attorneys practicing in the High Court. Therefore, the Act did not provide a defense against the order for taxation sought by the client. 5. Requirement for Proper Itemization and Detailing of Attorney's Bills: The court emphasized the necessity for attorney's bills to be detailed and itemized, as mandated by the High Court Rules. The bills submitted by the attorney were found to be inadequate, lacking itemization and proper detailing of charges. The court held that such bills could not be considered proper attorney's bills and directed the attorney to prepare and submit bills in strict accordance with the High Court Rules for taxation. Conclusion: The court ordered the respondent attorneys to prepare and submit proper bills for taxation by a specified date and directed the Taxing Officer to tax such bills in accordance with the Rules and practice of the High Court. The attorneys were also ordered to pay the costs of the application. The court refused to stay the order for taxation, emphasizing the need for prompt resolution given the circumstances of the case.
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