- (1.) The first respondent filed O. S. No. 54 of 1954 on the file of the Court of the District Judge, Bangalore, in which the petitioner as the third defendant was the principal contesting defendant. The suit was decided in favour of the plaintiff on 31-8-1956. The judgment concluded with the following terms regarding costs: "The contesting defendant shall pay the costs of the plaintiff. The plaintiff shall pay the court-fee due to the Government and it shall be the first charge on the schedule properties".
(2.) The suit was one filed in forma pauperis. The Court-fee payable on the plaint was Rs. 1312-7-0. The other costs actually incurred by the plaintiff amounted to only Rs. 17-3-0. Pleader's fee was not included in the costs, because, no certificate appears to have been filed by the pleader certifying the receipt of fees from his client.
(3.) The decree as drafted contained the following terms reading the costs : "It is further ordered and decreed that the plaintiff do pay Rs. 1312-7-0 being the institution fee due to the Government and it shall be the first charge on the schedule properties and it is further ordered and decreed that the third defendant do pay to the plaintiff Rs. 17-3-0 being the amount of costs incurred in this suit as per memorandum annexed with interest at 6 per cent per annum from this date to the date of realisation".;