ALLSOP
Sarjuram Sahu – Appellant
Versus
Musammat Dularna Bibi – Respondent
JUDGMENT
Allsop, J. - The applicant had a decree against Jugul Kishore and in execution of that decree put certain property to sale. Jugul Kishore obtained stay of execution by filing two hypothecation bonds by way of security. Eventually the applicant instituted a suit on the basis of these bonds against Jugul Kishore and his wife Musammat Dularna Bibi, The latter was impleaded because some other property had been gifted to her by Jugul Kishore and she and Jugul Kishore then, as joint zamindars had executed permanent leases jointly in respect of certain lands pertaining to the property mortgaged as well as other property. The suit was decreed as against Jugal Kishore but not against Musammat Dularna Bibi and the latter was awarded her costs. She put in a certificate that she had paid a sum of Rs. 500 to a Barrister in Gorakhpur. There was originally some mistake in the decree or some alleged mistake, and on an application for amendment, the question arose what sum should be allowed to Musammat Dularna by way of costs. In this connection the applicant raised the objection that this sum of Rs. 500 had never been paid by Musammat Dularna Bibi to the Barrister. The learned Judge said t
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