CHANDANMULL KANORIA Vs. DEBI CHAND

JUDGEMENT

(1.) This application involves the determination of an important question of practice.

(2.) It is an application by the defendant, which by consent of the parties, has been treated as an application under Order XLVII to review an order awarding the plaintiff costs.

(3.) The plaintiff brought a suit in the High Court claiming damages for trespass to his land by reason of the unauthorised deposit thereon of building material by the defendant. The plaintiff in his plaint claimed Rs. 5,300 as damages, and obtained a decree for Rs. 10, and costs were awarded to him on the High Court Scale No. 2.