RAMNATH DAS Vs. SAHA CHOWDHURY AND CO LTD

JUDGEMENT

(1.) This is an application for execution of a decree for costs by and on behalf of the defendants Nos. 1, 2 and 3 against the defendant No. 6. The relevant portion of the said decree dated 1st May. 1959 passed by A.N. Ray, J. as his Lordship then was, appear from certified copy annexed to the Tabular Statement affirmed on May 2, 1972 as follows:--

(2.) Mr. P.K. Roy, Counsel appearing in support of this application contended that the plaintiffs preferred an appeal from the said decree dated 1st May, 1959. The Appeal Court consisting of his Lordship. R.S. Bachawat as he then was and his Lordship C.N. Laik dismissed the appeal on June 7. 1962. affirmed the decree of the trial Court dated 1st May. 1959 except the order for costs made therein against the plaintiffs which, was set aside.

(3.) The decree for costs to be taxed by the Taxing Officer of this Court against the defendants Nos. 5 and 6 remained unaffected and the instant application is for execution of the said decree against the defendant No. 6 after the costs have been taxed by the Taxing Officer of this Court as between party and party and ascertained to be the sum of Rs. 18,538/- and 56 paise and an allocatur dated 14th August, 1963 was issued, a copy whereof has been annexed to the said Tabular Statement.