SOHAN BIBI Vs. BAIJNATH DAS

JUDGEMENT

(1.) This is a judgment-debtor's appeal and arises under the following circumstances.

(2.) The appellant Sohan Bibi instituted a suit in the Court of the Judge, Small Cause Court at Benares, exercising the powers of a Subordinate Judge, against several persons, to obtain a declaration that a certain compromise entered into in a certain case, the decree that followed the compromise and the transfer of property that was to take place in pursuance of the compromise, were not binding on her. The suit was transferred to the Court of the District Judge of Benares and was decided by him. The litigation had a chequered career. To start with, the District Judge dismissed the suit. The plaintiff appealed and the decree of the Court below was set aside and the suit was remanded for trial on the merits. The District Judge again dismissed the suit and on appeal this Court set aside the decree of the learned Judge and decreed the suit in part. There was an appeal to the Privy Council by the defendants and it was successful. The Privy Council decree was passed on 14 May 1914. [See A.I.R. 1914 P.C. 41 (24 April 1914) In the meanwhile, Mt. Sohan Bibi, as the successful litigant in India, had executed her decree and had realized all the costs that had been decreed to her.

(3.) On 9 May 1917, the defendants made an application to this Court, purporting to be one under Order 45, Rule 15, Civil P.C., asking this Court to transmit a copy of the order of His Majesty in Council to the Court of first instance for execution. In that application they also prayed that a sum of Rs. 735-6 being costs incurred in India, on account of the Privy Council appeal, should also be allowed to be recovered by them. On 10 January 1918, two learned Judges of this Court passed the following order: Let the order of His Majesty in Council be sent down to the Small Causes Court Judge at Benares with powers of a Subordinate Judge, for execution, according to law and let the amount taxed by this Court be certified to the Court below.