SHIV LAL GHANAYA LAL Vs. MEHR CHAND GAIND

JUDGEMENT

(1.) In order to appreciate the point of law arising in Execution First Appeal No. 65 of 1950 the facts of the case may be set out in some detail.

(2.) Mehr Chand applied under Rule 2 of Order XLV of the Code of Civil Procedure, hereinafter referred to as the Code, for leave to appeal to His Majesty in Council from the decree passed in Regular First Appeal No. 457 of 1939. In those proceedings Mehr Chand furnished security in cash in a sum of Rs. 4,000/- for the costs of respondents.

(3.) On the 27th of April, 1948, His Majesty in Council was pleased to dismiss Privy Council Appeal No. 15 of 1947 and to direct that there be paid by the appellant to the respondents their costs of that appeal incurred in the High Court and the sum of 323 6 s. 2 d. for their costs thereof incurred in England.