JANAH, J.:- This appeal is by the judgment-debtor defendant No. 6 and is against the judgment and order dated 6th March, 1973 passed by A.K. Sarkar, J. allowing an application for execution of the decree for costs awarded in favour of the defendants Nos. 1, 2 and 3.

2. The facts giving rise to the execution application are briefly as follows: In 1951 one Ramanath Das and others instituted a suit being suit No. 3367 of 1951 in this Court against the defendants. That suit was dismissed with costs on the 1st May, 1959 and it was decreed that the plaintiff and the defendants Sailesh Choudhry, since deceased, and Shyamapada, Choudhury the present appellant do pay to the defendants Nos. 1, 2 and 3 their costs of the suit including the reserve costs and costs of commission to be taxed by the Taxing Officer of this Court. Against the said decree the plaintiff alone preferred an appeal. The appeal was dismissed only with this modification that the decree awarding coats against the plaintiff was set aside and the rest of the decree was affirmed on June 7, 1962. It is admitted by both parties that there was no stay of operation of the decree passed by the trial court nor was there any