BEPIN BEHARI SEN Vs. KRISHNA BEHARI SEN

JUDGEMENT

(1.) This appeal arises out of execution proceedings.

(2.) It appears that in a suit for partition brought by the present respondent under a decree made on an arbitration awarded on the 12th March 1906, the present appellant Bepin Behari Sen and his mother Thakurani Dasi Debi each became entitled to recover a sum of Rs. 2,130 from the present respondent Krishna Behari Sen. Against this decree Bepin Behari and Thakurani Dasi appealed and under the decree of this Court dismissing their appeal on the 8th July 1908 they became liable jointly and severally in a sum of Rs. 506 by way of costs to Krishna Behari. Thereafter they applied for leave to appeal to His Majesty in Council, and by the order dismissing that application on the 6th April 1909 they were directed to pay further costs to the extent of Rs. 80.

(3.) In 1913 they next brought a suit to have the decree on the award on which it was based set aside; that suit was finally dismissed in April 1915.