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Judgment
Subrahmania Aiyar, J.—I see no reason for reducing the amount awarded as damages. Nor, in my opinion, is there any reason to disturbing
the order as to costs made in the courts below in the due exercise of the discretion vested in them by law. I would dismiss the second appeal with
costs.
Davies, J.
I agree that there is no reason for reducing the damages awarded to the plaintiff. I am, however, unable to support the order of the courts below
granting the plaintiff his costs on the whole amount of his claim instead of only on the amount decreed him in as much as it is opposed to the
uniform practice of the courts in this Presidency, which is to grant costs only on the amount decreed. Velu Pillai v. Ghose Mahomed ILR 17 M.
u/s 578 of the Code of Civil Procedure, the second appeal is dismissed with costs.