( 1 ) THIS is an application for execution of a decree for costs by and on behalf of the defendants Nos. 1, 2 and 3 against the defendant No. 6. The relevant portion of the said decree dated 1st May, 1959 passed by A. N. Ray, J. as his Lordship then was, appear from certified copy annexed to the Tabular Statement affirmed on May 2, 1972 as follows: -"and it is further ordered and decreed that the plaintiffs and the defendants Sailesh Chowdhury and Shyamapada Chowdhury do pay to the defendants Saha Chowdhury and Co. Private Ltd. Prodyot Kumar Chowdhury and Sm. Satadal Basini Chwdhury their costs of this suit including the reserved costs and costs of Commission (to be taxed by the Taxing Officer of this Court and in taxing such costs the said Taxing Officer do tax the costs of commission as of hearing including fees to two advocates) this Court doth certify that this is a fit case for engaging two advocates. "

( 2 ) MR. P. K. Roy, Counsel appearing in support of this application contended that the plaintiffs preferred an appeal from the said decree dated 1st May, 1959. the Appeal Court consisting of his Lordships, R. S. Bachawat as he then was and his Lordship C. N.