( 1 ) THIS appeal is brought by some of the judgment-debtors (defendants 1 to 6) in O. S. No. 8 of 1939 from theorder of the Subordinate Judge, Narasapur, declining to set off a cross-decree obtained by them and some others against the predecessors-in-interest of the respondent.

( 2 ) THE facts leading up to this appeal may be briefly stated. One Alluri Atchayya obtained a judgment against the appellants and several others for past and future maintenance. The decree-holders put the decree in execution and collected several sums of money from the judgment-debtor and there was a balance of Rs. 2087-11-3 on the relevant day. Meanwhile, Atchayya died leaving behind her three daughters, the respondents herein. The judgment-debtor deposited this sum of rs. 2087-11-3 and attached it in execution of the decree for costs which they along with defendant 7 to 23 had against the above-mentioned Atchayya in the following circumstances: atchayya and another Venkatanarasimharaju filed O. S. No. 12 of 1940 in forma pauperis for partition of some properties mentioned therein into three equal shares and for separate possession of one such share with past and future mesne profits. The suit was dismis

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