JUDGMENT

Bennet, Ag. C.J.

1. This is a second appeal brought by two persons, Pt. Rama Kant Malaviya, Advocate, and Pt. Krishna Deo Chaube against a decree of the lower Appellate Court in a proceeding u/s 144, Civil P.C., for restitution. The matter in which this proceeding arose is as follows. The opposite party respondent, Pt. Satya Narain Malaviya, brought a suit for damages for defamation against 12 persons including the two appellants before us and the proceedings which followed were as follows:

7-11-27 - Decree for damages. Rs. 300 for defamation and Rs. 72 costs against twelve persons.

7-12-27 - Ten of these persons including appellants appealed and two persons Mahadeo Vyas and Thakur Prasad did not appeal.

13-1-28 - Application by plaintiff for execution against defendant 2, Brij Mohan Dube; defendants, Pt. Krishna Deo Chaube, appellant; defendant 4, Bechu Ram, and defendant 9 Parsotam Dube. This actual application is not against Pt. Rama Kant.

23-1-28 - An application to the Court for the full decretal amount of Rs. 373-13-3 to be deposited. The application is in the singular but the name written across below the application is "Ramakant waghairah madynunan". At the same time the