1This second appeal is by the 2nd defendant in O. S. No. 100 of 1965 of the Munsiff's Court, Ponnani. The respondent as plaintiff instituted the suit for recovery of money due under a hypothecation bond executed by the 1st defendant to him. The 1st defendant pleaded discharge of the amount due under the bond. That contention was negatived by the Munsiff and granted a decree as prayed for by the sale of the property. The defendants 2 and 3, the 2nd defendant being the husband of the 3rd defendant, were impleaded as persons in possession of the property. The 2nd defendant, however, contended that he was an unnecessary party to the suit and as such he would be entitled to his costs. The Munsiff in decreeing the suit allowed the costs of the 2nd defendant to be paid by the plaintiff respondent. The 1st defendant filed an appeal before the lower appellate court against the decree reiterating his contention that the discharge of the mortgage amount was true. The lower appellate court dismissed the appeal, but in allowing the cross objection which was filed by the respondent plaintiff the court set aside the order awarding costs to the appellant, who is the 2nd defendant. The appellant ra