STATE OF MP Vs. FIRM HAJI SK FAIZULLA ALLABUX
LAWS(MPH)-1969-1-21
HIGH COURT OF MADHYA PRADESH
Decided on January 13,1969

STATE OF MADHYA PRADESH Appellant
VERSUS
FIRM HAJI SK FAIZULLA ALLABUX Respondents

JUDGEMENT

- (1.) THIS appeal by the judgment debtor is directed against an order dated 16 November 1966 whereby the District Judge, Rewa, declined to order restitution consequent upon variation of a money decree by the Supreme court on the ground that it was not covered by the directions given by this court under Order 45, rule 15 of the Code of Civil Procedure. The judgment debtor too has filed an application for such directions, if necessary [miscellanea is Civil Case No. 119 of 1967]. This order shall dispose of that application so.
(2.) THE fact material for the disposal of this appeal are these. The res-indent filed Civil Suit No. 36 of 1952 in the Court of the District Judge, Rewa, aiming Rs. 22,996-8-8. The Judge awarded a decree for Rs. 554-11-0 only gainst the judgment-debtor. In appeal, the Judicial Commissioner, Vindhya pradesh, enhanced that amount to Rs. 20,307-14-8. The judgment-debtor an appeal to the Supreme Court (Civil Appeal No. 334 of 1956. The supreme Court reduced the amount to Rs. 17,320-5-8 and gave directions for its.
(3.) ON 17 January 1964, the judgment-debtor made to this Court an location under Order 45, rule 15 of the Code. On that application, this art passed on 10 February 1964 the following order : "let a certificate for recovery of coats according to the decree dated 18 January 1961 of the Supreme Court in Civil Appeal No. 334 of 1956 and the order dated 5 November 1962 taxing the costs be transmitted to the District Judge, Rewa The Supreme Court's decree contains inter alia the direction that the costs of Civil First Appeal No. 78 of 1953 of the Court of the judicial Commissioner, Vindhya Pradesh, shall be paid and received by each party in proportion to the success in the appeal before the Supreme Court. The District Judge shall determine the amount of these costs according to this direction and make an order for their recovery accordingly. ";


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