Raj Kishore Prasad, J.

1. This appeal is by defendants I to 10, who along with defendants 11 to 13--Respondents third party, were defendants first party, and is directed against the amended decree of May 30, 1957, by which the amount of cost, awarded to the appellants against the plaintiff-respondent, was reduced, from 1020/1/- to Rs. 795/1/-, that is, by Rs. 225.

2. The single question, for determination here, is, whether the amendment of the decree, asked for by the plaintiff, after it had been executed and satisfied by sale of his properties, and, alter an appeal against it was pending, should have been allowed by the court below?

3. In order to decide this question, it is necessary to know the material facts having bearing on it

4. A suit for partition was brought, by the plaintiff-respondent first party, against defendants first party, some of whom are appellants and others are respondents third party, and, defendants second party--respondents second party. It was dismissed on the 31st March 1955, with costs, to the defendants. The order portion of the said judgment is in these terms:

"That the suit be dismissed with costs and pleaders fee at Rs. 5/- per cent. Costs an