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Judgment
In the face of the specific instructions contained in Exhibits E and F, the defendant had no business to appropriate the amounts realised in
execution of the small cause decree towards his dues in other cases conducted by him, even if we are to assume a previous course of practice
according to which it was usual to make such appropriations. It is not suggested that these instructions were subsequently cancelled or varied. The
cases cited by Mr. Thiruvengadacharyar are good authority for the position that a solicitor has no right of retainer in monies realised by him in one
cause for his dues in others causes conducted by him. See Bazan v. Bolland, 48 R.R. 121 Mackenzie v. Mackintosh 64 L.T.N.S. 706. A pleader
in India has no larger rights. Section 217 of the Contract Act does not help the defendant. We must, therefore, reverse the decrees of the Courts
below. The plaintiff will have a decree for Rs. 556-14-4 with interest at 6 per cent. from the 1st June, 1903, to this date with further interest at 6
per cent on the whole sum until realisation not exceeding six months from this date. The plaintiff is entitled to his costs throughout.