Naiwale Sulaiman Ali Khan and Others vs Munra Venkatanarayana Garu and Others

Madhavan Nair, J.—The 1st defendant is the appellant. He is now dead and his legal representatives have been brought on record.

Plaintiff''s suit was one for contribution against two persons who were, along with others, judgment-debtors in O.S. No. 358 of 1904 on the file of

the Court of the Principal District Munsif of Masulipatam. A joint decree was passed against the two defendants by the Court of first instance. On

appeal the Subordinate Judge departed from the usual rule of passing general decrees against the two defendants because he was under the

impression that there was only one judgment-debtor in the said O.S. No. 358 of 1904 and the others were all his legal representatives. The report

submitted by the Subordinate Judge shows that in this assumption he was wrong. It follows therefore that the joint decree against the two

defendants should not have been passed by the lower Court. So far as the 1st defendant is concerned the lower Court''s decree is modified and

the plaintiff will get a decree for half the amount against the assets of the 1st dafenant in the hands of his legal representatives. In other respects, the

decree of the lower Court will stand. The parties will pay and receive proportionate costs. The 1st respondent''s Vakil''s fee in this case is fixed at

Rs. 35.