Oct.13,1911    Present: Lascelles C.J. and Middleton J.

NONOHAMY et al. v. BABUN APPU.

135- D. C. Galle, 7,668.

Substituted party-Personally liable to pay costs to opposing party-Civil-Procedure Code, chapter XXII., ss. 341, 339, and 404.

A substituted party is personally liable to pay the costs of action to a successful opponent.

The new party representing the interest, of the former party, who is brought before the Court by order, stands exactly in the same plight and condition as the former party; is bound by his acts; and maybe subject to all the costs of the proceedings from the beginning of the action.

THE facts appear sufficiently from the judgment.

Bawa, for the first defendant, appellant.-The appellant is entitled to get his costs from the substituted plaintiff. If the substituted plaintiff won, he would have been entitled to get his costs from the defendant; why should he not be liable to pay the costs of action if he lost the case ? The substituted plaintiff may have refused to become a party to this case when he was cited to show cause; but having taken upon himself the conduct of the case, he could not now disclaim responsibi