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1916 Supreme(All) 293

SUNDAR LAL, WALSH
Sheo Shankar – Appellant
Versus
Chunni Lal – Respondent


JUDGMENT

Sundar Lal, J. - These appeals arise out of orders passed by the court below under Order XXI, Rule 18, of the Code of Civil Procedure. It appears that three suits were filed in the court of the Subordinate Judge of Jaunpur to which the parties or most of them were impleaded either as plaintiffs or defendants. The first of these was filed by seven plaintiffs, viz., (1) Jamuna Prasad (2) Chunni Lal, (3) Lachmi Narain, (4) Bhagwan Das, (5) Persotam Das (6) Jairam Das and (7) Sheo Prasad against nine defendants viz.--(1) Changur Khan (2) Shoo Shankar (3) Haridas (4) Rai Rajnath (5) Bhola Nath, (6) Raghunath Das, (7) Muluk Das, (8) Rameshwar Das and (9) Jageshar Das.

2. The suit was for sale on a mortgage which the defendants pleaded was paid off and discharged.

The learned Subordinate Judge of Jaunpur dismissed the suit with costs, amounting to Rs. 365, awarded to defendants Nos. 2 to 4 and Nos. 6 to 9. The plaintiff appealed against the said decree to this Court, and on the 17th of September, 1910, the learned Chief Justice (Sir John Stanley) and Mr. Justice Banerji dismissed the appeal with costs in favour of the defendants amounting to Rs. 468-9-9, for the High Court, and affi

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