Patkar, J - (1.)This is a suit brought by the plaintiff against eight persons for contribution in respect of a payment made by him in execution of a decree against him and the defendants.
(2.)One Ramalingappa brought suit No. 347 of 1919 for partition against Somanna and ten others. In execution of the decree the judgment-creditor filed darkhast No. 16 of 1923 and recovered Rs. 1,679-0-5 from the present plaintiff. The plaintiff, however, deducting his share of the decretal amount brought a suit for contribution against the present defendants.
(3.)The learned Subordinate Judge passed a joint decree in favour of the plaintiff for Rs. 1,417-7-6 and costs against the defendants. On appeal, the learned District Judge, relying on the decision in Hira Chand V/s. Abdal (1877) I.L.R. 1 All. 455, held it was not open to the plaintiff to claim from the co-judgment-debtors collectively one lump sum as contributors, and, therefore, dismissed the suit.