GYAN PRAKASH Vs. TRILOKI PRAKASH

JUDGEMENT

(1.) THIS is an application in revision. It arises out of a suit for recovery of Rs. 410.75.

(2.) THE Plaintiff opposite party filed a suit against the Defendant Appellant on the allegation that the Plaintiff as well as the Defendant had jointly executed a mortgage in favour of one Prayag Dutt Sharma. Sri Sharma brought a suit on the foot of the mortgage deed. The suit was decreed on 7 -10 -1952 for Rs. 10,630/ -. The mortgagee felt aggrieved and filed an appeal praying that the decree for interest be also awarded. The appeal was allowed and the suit was decreed for Rs. 10,600/ - with interest with effect from 7 -10 -1952. The Defendant had paid half of the principal mortgage amount. The Plaintiff had to pay not only the other half of the principal but also the entire amount of interest to the mortgagee. Thereafter he brought the present suit for contribution of the half share of the interest, namely, Rs. 410.75.

(3.) ARTICLE 42 of the Provincial Small Cause Courts Act reads.: