Abdur Rahman, J.

1. The main question raised by the appellant in this appeal is whether an application for restitution made on 13th November 1925, in consequence of an order passed on appeal on 9th July 1924, and returned by the Court on the ground that an order of an interim injunction restraining the applicant from recovering the amount deposited by him for costs was still in force is still undecided and should therefore be ordered to be proceeded with. Two more applications for restitution were presented by the appellant in 1928 and in 1934. They will have to be incidentally considered but as the facts which are going to be stated will show, the decision of this appeal solely depends on the effect of the order passed on the application presented on 13th November 1925. A preliminary decree for sale instead of redemption of a usufructuary mortgage was passed by a mistake on 8th November 1922 and costs were ordered to be paid by all the defendants, who were five in number, to the plaintiff. The plaintiff (decree-holder) applied for the recovery of costs on 11th October 1923, but defendant 5 who is the appellant in the present appeal objected on the ground that the decree was