APCRPCO Section 304 : Order to Contain Advocate's Fee and Costs

Explanation using Example

Example 1: Successful Indigent Plaintiff

Introduction: Ramesh, an indigent plaintiff, files a civil suit for recovery of property in Andhra Pradesh. Due to his financial status, the court assigns an advocate to represent him under Order XXXIII of the Code of Civil Procedure (CPC).

Application: Ramesh wins the case, and the court's order includes the advocate's fee and other expenses as per Rule 304 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990. The fees are calculated according to the Advocates Fee Rules and Rule 55 of these Rules.

Outcome: The inclusion of the advocate's fee ensures that the advocate is compensated for their services, despite Ramesh's inability to pay. This provision supports access to justice for indigent persons by ensuring legal representation is adequately compensated.

Conclusion: Compliance with Rule 304 ensures that advocates are willing to represent indigent clients, knowing their fees will be covered by the court's order.

Example 2: Procedural Challenges in Fee Calculation

Introduction: Sita, an indigent plaintiff, is involved in a complex civil dispute over inheritance. An advocate is assigned to her case by the court.

Application: After a lengthy trial, Sita prevails. However, calculating the advocate's fee becomes complicated due to the intricate nature of the case and the multiple hearings involved. Rule 304 requires the order to include the advocate's fee, but determining the exact...

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