JUDGMENT

1. This is an execution first appeal arising out of an unfortunate litigation which has already occupied our attention in connection with Regular First Appeal No. 39 of 1920. The point which we are now called upon to decide is, however, distinct from any of the questions raised in the connected appeal above referred to. The suit was one for partition. There, were fifteen plaintifts in the case, and in the preliminary decree as drawn up these plaintiffs were awarded their costs against the defendant. There was an appeal to this Court and also a petition of cross-objections on the part of the plaintiffs, with the result that the preliminary decree passed by the Trial Court was further modified in favour of the plaintiffs and the defendant was made liable to a further sum on account of costs. The application with which we have to deal is an application by fourteen of the plain tiffs, Nos. 2-15, asking that the entire decree for costs may be executed, subject to such orders as the Court, may see fit to pass for the preservation of the rights of the first plaintiff, Musammat Baiyazi Begam, who had declined to join in the application for execution. The attention of the Execution