YESHWANT Vs. GANGADHAR

JUDGEMENT

(1.) 1. The judgment in this appeal will govern the disposal of First Appeal No. 99 of 1926 (Mt. Bhagirathi Bai v. Gangadhar and Anr.).

(2.) THE respondents sued on a mortgage impleading both the sets of appellants along with another person. . At a late stage of the case after each set of appellants had incurred considerable costs, the plaintiffs as against the appellants withdrew their suit without leave to sue again. A statement for the plaintiffs indicates that the reason was that they had little hope of success. The learned Judge allowed defendants 1 to 6 (the appellants before me) Rs. 50 as consolidated costs. Before me it is urged that the full costs incurred by the appellants should have been allowed.