JUDGMENT

A. Hobhouse, J. - In this case there have been changes of parties, as frequently happens when a litigation extends over many years; but they have made no difference to the present question, and it will be convenient to speak of the appellant and respondents as if there was no change. So speaking of them, the appellant has been ordered to pay to the respondents the costs of a litigation with them. He now seeks to set-off against those costs the costs of a prior part of the same litigation which were awarded to him; and the question is whether his right to those prior costs has been displaced by a subsequent decree in the later part of the litigation. In the Court below the appellant was the plaintiff and the respondents were the defendants. The suit was for the recovery of certain lands; and the respondents set up a defence of the law of limitation. That issue was decided in their favour by the Subordinate Judge on the 31st July 1868, and in consequence the appellant's suit was dismissed. An appeal was presented to the High Court, who delivered judgment thereon on the 26th of April 1869. By their decree they reversed the decree of the Subordinate Judge, disallowed the defenc