ABDUL AZIZ MOLLA Vs. EBRAHIM MOLLA

JUDGEMENT

(1.) This is an appeal by some of the defendants in a suit to have the plaintiff's right by inheritance declared in respect of a share of certain land. The Subordinate Judge on appeal has decreed the suit with respect to the southern portion of the land in dispute.

(2.) Two objections are taken in this appeal.

(3.) The first objection is founded on the fact that the plaintiffs had brought previous suit with respect to the same plot of land against these defendants. That suit was withdrawn, and permission was given to the plaintiffs to bring a fresh suit on payment of the defendant's costs. At the time when the present suit was instituted these costs had not been paid; but it appears that they were paid to the defendant's pleader before the suit came on for trial.