PANDAY JAGANNATH Vs. MUSAMMAT JUNIAN

JUDGEMENT

(1.) This appeal arises out of an application made by the appellant under Order XXXIV, Rule 6, for a decree for Rs. 119-12-0. The mortgage was made in 1884. The suit thereon was brought in 1909 and resulted in a preliminary decree for sale under Order XXXIV, Rule 4, passed by this Court in May 1910. The amount declared due on account of principal, interest and costs was Rs. 696-4. This included a sum of Rs. 61 on account of costs in this Court and a sum of Rs. 58-12 on account of costs in the lower Appellate Court. Costs of the first Court were not allowed.

(2.) In due course an order absolute was. Made and the property was sold for Us. 560, leaving a balance of Rs. 136-4. The appellant then applied for a decree under Rule 6 for Rs. 119-12, i. e., the amount allowed for the costs of two Courts. His case is that although the balance of the amount found due on account of principal and interest is not legally recoverable from the respondent, the a-mount found duo for costs is so recoverable inasmuch as the respondent first became liable for the costs in 1910.

(3.) The Courts below have disallowed the application.