PRAMATHA NATH MALIA Vs. ISMACKEY

JUDGEMENT

(1.) This is an application for amendment of a decree made by this Court. The application Is on behalf of defendant 3. The decision of this Court, so far as this defendant is concerned, is that the appeal be dismissed as against him with costs. There was another defendant, namely, defendant 14, whose advocate asked for costs also, and it was ordered that the appeal be dismissed as against the said defendant 14 and that he entitled to his costs in this Court--hearing fee ten gold mohurs. The decree was prepared in this Court awarding costs jointly to defendants 3 and 14 and it awarded ten gold mohurs as hearing fee to both of them.

(2.) The petitioner contends that under the terms of the judgment he was entitled to separate costs and to the full hearing fee according to the ordinary scale and that the ten gold mohurs as hearing fee was the fee allowed to defendant 14 separately.

(3.) In my opinion, the contention is sound and the decree must therefore be amended by awarding separate costs to defendant 3 and defendant 14. Defendant 3 is entitled to his costs and to the full hearing fee according to the ordinary scale and defendant 14 is entitled to his costs and ten gold mohurs as his hearing fee, according to the terms of the judgment.