Happell, J.

1. The appellants in this Civil Miscellaneous Appeal obtained a decree in O.S. No. 58 of 1933 and in execution of that decree attached two items of movable properties. In respect of these properties, the receiver to the estate of Pydah Venkatachalapathi filed two claim petitions, E.A. Nos. 945 and 1152 of 1933. Both these petitions were dismissed with costs on the 5th March, 1934, and the receiver who is the respondent in this appeal paid their costs to the appellants. He, however, filed suits under Order 21, rule 63 of the Civil Procedure Code, O.S. Nos. 150 and 149 of 1934, to have the orders on the claim petitions set aside. These suits were decreed in his favour and appeals by the present appellants failed. The decrees in the suits which were confirmed by the appellate Court set aside the orders on the claim petitions and gave the respondent the declaration of title for which he prayed and the costs of the suits. No mention, however, was made in the decrees of the costs incurred in the claim petitions. The respondent, however, filed the petition, E.P. No. 386 of 1939, out of which this appeal arises for restitution of the costs paid by him to the appellants i