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1957 Supreme(Pat) 58

SINHA, K.DAYAL
Ramkeshwar Prasad – Appellant
Versus
Babu Girja Prasad – Respondent


Judgment

Sinha, J.

1. This is an appeal by defendants 10 to 16 to a partition suit against an order dismissing their application for amendment of the executable order passed in favour of the pleader commissioner.

2. In a suit for partition, a preliminary decree was passed, and, after the preliminary decree, a pleader commissioner was appointed to make takhta-bandi. It appears, after the takhtabandi had been made, the appellants filed certain objections to the report of the pleader commissioner, and, thereupon, the Court ordered reshuffling of the allotment, but directed that the cost of the same will be entirely borne by these appellants. After that, the appellants were directed to deposit a sum of Rs. 1,200.00 as commissioners fee.

They deposited Rs. 1,200/-; but as the final bill of the commissioner was passed for Rs. 2,187/-, the Court, by order dated 28th March, 1947, directed the appellants to deposit the balance, namely, Rs. 987/-. The report of the pleader commissioner was confirmed on 30th June, 1947. It appears, the pleader commissioner submitted another bill for Rs, 200/-, and a third one for Rs. 32/-. On 26th September, 1947, the Court consolidated all the pending bills o











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