AHMAD HUSAIN Vs. ASMA BIBI

JUDGEMENT

(1.) The facts of the case are the following. In a suit for their shares in the property left by one Aminuddin, deceased, a plaint was presented on behalf of Asma Bibi and others against Ahmad Husain and others to the learned Subordinate Judge of Jaunpur.

(2.) The suit was contested by the defendants. The learned Subordinate Judge of Jaunpur returned the plaint to be presented to the learned Subordinate Judge of Benares, and on the 8 February 1906 a formal order was framed by the learned Subordinate Judge of Jaunpur which awarded full costs to Asma Bibi and others. The judgment-debtors appealed against that order to the High Court under Section 588, Clause (6), of the Civil P. C.. In the memorandum of appeal objection was taken to the full costs. A Bench of this Court dismissed the appeal under Section 551, Clause (1), of the Civil P. C. on the 24 May 1906.

(3.) Prior to the dismissal of the appeal under Section 551, the judgment-debtors had applied to the Court below for the amendment of the decree, dated 8th February 1906, under Section 206 of the Code as to the full costs. The Court below, after that dismissal under Section 551, amended its decree on the 26 of May 1906. One of the decree-holders comes to this Court in revision under Section 622 of the Civil P. C. on the ground that the Court below had no jurisdiction to amend a decree confirmed by the High Court,