SHEO SHANKER KAULAPURI Vs. CHUNNI LAL

JUDGEMENT

(1.) These appeals arise out of orders passed by the Court below under Order XXI, Rule 18, of the Code of Civil Procedure. It appears that the three suits were filed in the Court of the Subordinate Judge of Jaunpur, to which the parties or most of them were impleaded either as plaintiffs or defendants. The first of these was filed by seven plaintiffs, viz., (1) Jumna Pershad, (2) Chunni Lal, (3) Lachmi Narain, (4) Bhagwan Das, (5) Persotam Das, (6) Jairam Das and (7)Sheo Pershad against nine defendants, viz., (1) Changur Khan, (2) Sheo Shankar, (3) Haridas, (4) Baijnath, (5) Bhola Nath, (6) Raghunath Das, (7) Maluk Das., (8) Rameshar Das, (9) Jageshar Das.

(2.) The suit was for sale on foot of a mortgage which the defendants pleaded was paid off and discharged.

(3.) The learned Subordinate Judge of Jaunpur dismissed the suit, with costs amounting to Rs. 365 awarded to defendants Nos. 2 to 4 and Nos. 6 to 9. The plaintiffs appealed against the said decree to this Court and on 17th September 1910 the learned Chief Justice (Sir John Stanley) and Mr. Justice Banerji dismissed the appeal with costs in favour of the defendants amounting to Rs. 468-9-9 for the High Court, and affirmed the decree of the Court below.