LAWS(PAT)-1961-9-2

SHYAMAL BIHARI MISHRA Vs. GIRISH NARAIN MISSIR

Decided On September 08, 1961
SHYAMAL BIHARI MISHRA Appellant
V/S
GIRISH NARAIN MISSIR Respondents

JUDGEMENT

(1.) This appeal is by defendants I to 10, who along with defendants 11 to 13--Respondents third party, were defendants first party, and is directed against the amended decree of May 30, 1957, by which the amount of cost, awarded to the appellants against the plaintiff-respondent, was reduced, from 1020/1/- to Rs. 795/1/-, that is, by Rs. 225.

(2.) The single question, for determination here, is, whether the amendment of the decree, asked for by the plaintiff, after it had been executed and satisfied by sale of his properties, and, alter an appeal against it was pending, should have been allowed by the court below?

(3.) In order to decide this question, it is necessary to know the material facts having bearing on it