JUDGMENT

Bennet, J. - This is an execution first appeal by a judgment-debtor under the following circumstances:

The appellant as plaintiff had brought an election suit against defendant 1, Rai Bahadur Kharagjit Singh Misra and defendant 2, the District Board of Mainpuri. In appeal this Court dismissed the appeal of the plaintiff with costs to the respondents-defendants. Defendant 1 applied for execution of the entire decree for costs of this Court. Objection was taken by the plaintiff that the decree for costs was a joint decree and not intended for defendant 1 alone. The lower Court dismissed this objection on 1st April 1930. Subsequently a warrant was issued in execution and the whole costs were paid into the lower Court and an inquiry was made by the lower Court from the District Board, defendant 2, as to whether anything had been spent in the High Court as costs of the case and the District Board replied that nothing had been spent by them. On this assurance the lower Court passed an order on 11th July 1930, that the whole amount of costs deposited should be paid to defendant 1. The plaintiff brought an appeal in the High Court against the order of 1st April 1930 but he did not b