KALI SANKAR DAS Vs. DHIRENDRA NATH PATRA

JUDGEMENT

(1.) LET a sum of Rs. 1,621/ -. being the taxed costs of the Supreme Court payable to the petitioners be paid out to Mr. Binode Behari Haldar, Advocate, who is authorised to receive payment on their behalf.

(2.) AS regards the costs incurred in this court, the Supreme Court has awarded the petitioners "their costs of appeal incurred in the Calcutta High Court". It is contended on behalf of the opposite parties that this order covers only costs incurred for the purposes of the appeal itself but does not caver the costs of the application for a certificate. That contention is plainly untenable. Whether or not, even without a special order, the expression, 'casts of the appeal' would include all casts incidental to the appeal, there is in; this particular case, also the usual order of the Court which granted the certificate that the costs of the application will be "costs in the appeal, the hearing fee being assessed at five gold mohors". There can thus be no question that the costs for an application for a certificate was specifically made the costs of the appeal and since those casts have been awarded to the petitioners, they are entitled to have the costs of the application as well as costs of the appeal and have them out of the security furnished for such costs. "let, therefore, the costs awarded to the petitioners on account of the costs incurred by them in the appeal in this Court, including the costs of the application for a certificate, be assessed and let the assessed amount be paid out to Mr. Binode Behari Haldar, Advocate, after the assessment has been made. If the balance left after payment of the taxed costs of the Supreme Court be not sufficient for paying the costs incurred in the appeal, the entire balance may be paid out.