BANKEY LAL Vs. CHOTEY MIYAN ABDUL SHAKUR

JUDGEMENT

(1.) This is an appeal by the defendants in a suit, for money being the price of certain goods supplied, instituted by the respondents against the appellants. The appellants were two in number, Bankey Lal and Munna Lal. On 20 December 1927, the plaintiffs and one of the defendants Bankey Lal agreed to refer the matter in difference between the parties to the arbitration of one Achal Singh. Achal Singh filed a written award on 16 January 1928. Before the award arrived 21s January 1928 had been fixed for hearing of the case. When the award arrived, the learned Munsif directed that the parties should be informed of the fact that their award had arrived and he further directed the parties to file objections if any. No objections were filed and the case was taken up on 21 January 1928 and a judgment was pronounced in term) of the award.

(2.) The defendants went up in appeal to the learned District Judge and substantially two points were taken against the judgment One was that ten days time should have been allowed to the defendants to file objection to the award and the second was that Munna Lal not having joined in the arbitration the whole arbitration proceeding was bad and no decree could be made on the award. In the appellate Court, the plaintiffs exempted Manna Lal from all liability. Thereupon the learned District Judge came to the conclusion that the award was a good one so far as the plaintiffs and Bankey Lal were concerned. The learned Judge accordingly dismissed the appeal except in this that he exempted Munna Lal from all liability but ordered that he should pay his own costs.

(3.) The defendants have come up in second appeal and Munna Lal's grievance is that, having been exempted from the claim, ho should have got his own costs. The learned Counsel for the respondent has not been able to satisfy us that Munna Lal should not get his costs. WE accordingly allow Munna Lal's appeal and direct that he shall recover his costs throughout the litigation. Where Munna Lal and Bankey Lal have jointly incurred expenses, one half of the costs will be taken as having been incurred by Munna Lal alone. This is for the drawing up of the decree.