JUDGMENT Sulaiman C.J. 1. In this appeal there were two sets of principal Respondents. One set was represented by Mr. Mushtaq Ahmad and the other by Dr. Siddiqi and Mr. Lakshmi Saran. The client represented by Mr. Mushtaq Ahmad paid the precis fee to him who deposited it in Court, and later on when the precis was filed by Mr. Mushtaq Ahmad he applied for the payment to him of the precis fee. The client for whom Dr. Siddiqi and Mr. Lakshmi Saran appear had, according to Dr. Siddiqi instructed him orally to prepare and file a precis. On the other hand, it is a fact that the client had actually paid the precis fee to Mr. Lakshmi Saran who prepared the precis independently of Dr. Siddiqi. Dr. Siddiqi tiled his precis before even the Appellant's precis was filed and before he was in a position to know what points had been enumerated in the Appellant's precis. Mr. Lakshmi Saran filed his precis after the Appellant's precis had been received in order to meet the points raised in it. Dr. Siddiqi however applied to the office for payment to him of the precis fee, and the office paid him Rs. 50 which had been deposited by Mr. Mushtaq Ahmad's client. The office admits that a mistake has been made in this. The matter has come up several times but Dr. Siddiqi has not returned the money paid to him by the office. 2. It is no business of a Counsel to file precis on his own behalf without definite instructions from his client, and if there are several Counsel for a client it is only appropriate that either they should all agree as to who should file the precis or that one of them should have written instructions from his client for filing the same. In any case no precis should be filed before the fee is deposited, and if a Counsel files it, he does so at his own risk. It cannot be expected that the office would hunt out the client and compel him to pay the precis-fee to the Counsel. Dr. Siddiqi should not have filed the precis when neither the fee had been paid to him nor deposited in the office. In any case Dr. Siddiqi should not have taken away the money which had been deposited by another client. 3. I, therefore, direct that Dr. Dr. Siddiqi should not have filed the precis when neither the fee had been paid to him nor deposited in the office. In any case Dr. Siddiqi should not have taken away the money which had been deposited by another client. 3. I, therefore, direct that Dr. Siddiqi should refund the amount which he has taken away from the office by tomorrow.