ANNODA PRASAD BANERJEE Vs. NOBO KISHORE ROY

JUDGEMENT

(1.) The plaintiff in this case sues to recover the amount of costs due under an allocator issued by the Registrar of this Court dated the 7 September l902 in respect of certain costs, which were awarded by this Court in its Insolvency Jurisdiction on the 1 of June 1892.

(2.) The order of the 1 June 1892 directed the present defendant and another person now deceased, who were the adjudicating creditors of the present plaintiff, to pay the costs of the application to set aside that adjudication. The learned Judge acting as Commissioner of the Insolvent Court was satisfied that the adjudication had been wrongly made and accordingly by the order above mentioned the adjudication was set aside, the adjudicating creditors being directed to pay the costs of the proceedings.

(3.) The order for payment of costs remained unsatisfied and eventually the plaintiff instituted the present suit to recover these costs. There is no dispute as regards the facts.