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Judgment
Viscount Dunedin, J.
This is an ap plication to vary the order in Courcil. The order has been already passed (vide AIR 1925 P. C. 280) and it could only he under exceptional circumstances that their Lordships could humbly advise that another order should be passed.
In the suit judgment was given for the plaintiffs against the defendants for a certain sum.
On appeal to the King in Council their Lordships humbly advised His Majesty to reduce substantially the sum for which judgment had been given, and to make the sum still decreed payable eight months after the date of the receipt of the order by the High Court.
The defendants having been substan tially successful in the appeal, the order in Council in accordance with the ordi nary practice was issued to them, and in ordinary course ought to have been lodged by them in the High Court. They have not, however, done so, and the plaintiffs cannot, therefore, so far get execution. Hence this application. The plaintiffs and petitioners have not sufficiently ad verted to O. 45, R. 15 (1) of the First Schedule to the Code of Civil Procedure. When they found that the defendarts were delaying or refusing to lodge the order they could have applied to the High Court with a certified copy of the order and asked for a summary order on the defendants to lodge the order which had been entrusted to them so that execution might follow in terms of the judgment of this Board. This they, can still do. Their Lordships, therefore, can not advise His Majesty to grant the prayer of the petitioners ; but as they are clearly of opinion that it was the duty of the defendants in the ordinary course to lodge the order there will be no costs allowed on the petition.