(1.) The fasts of this case are simple. Jamna Praead, Gharib Das and Khedu Ram were three separate Hindu brothers. The ports and grandsons of Jamna Prasad, (now plaintiffs respondent s) and the sons of. Gharib Dap, (now defandants-. appellants) combined together to bring a suit against the sons of Khedu Earn. They were unsuccessful both in the Trial Court. and on appeal in this Court, and their suit and appeal were dismissed with costs.
(2.) Shortly afterwards, distensions arose between the plaintiffs and the defendants, and the decree holders (defendants in that suit) siding with the present defendants, recovered the whole of the costs from the plaintiffs.
(3.) The plaintiffs now sue to recover from the defendants half of the costs, the whole; of which they had to pay, The main defense was that the defendants had paid their half share. This was disbelieved by both the lower Courts, who decreed the suit.