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Shreevarayan Alias Anujan Kunhunni Raja and ors. Vs. Palthia Kovilakath Veerarayan Alias Unni Anujan Kaja and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.937
AppellantShreevarayan Alias Anujan Kunhunni Raja and ors.
RespondentPalthia Kovilakath Veerarayan Alias Unni Anujan Kaja and ors.
Cases ReferredSee Shakul Kamdeed Alim Sahib v. Syed Ibrahim Sahib
Excerpt:
contribution - recovery of plaintiff's share of costs decreed--impleading parties bona fide. - - we agree with the munsif in the present case in holding that the defendants have failed to show that there was any misconduct in the plaintiffs in impleading the defendants whose costs they were made to pay......in which the present plaintiff and defendants sued as plaintiffs. that suit was for maintenance against a karnavathi and her anandravans. the suit was decreed against the karnavathi, but dismissed with costs against the anandravans.2. looking at paragraph 14 of the judgment in that case, exhibit iii, we are not disposed to think that the joinder of the other defendants in that case was otherwise than bona fide. we agree with the munsif in the present case in holding that the defendants have failed to show that there was any misconduct in the plaintiffs in impleading the defendants whose costs they were made to pay. the rule in merryweather v. nixon 8 term rep. 186 : 16 r.r. 810, is one of doubtful expediency. it certainly is not to be extended to cases where costs have been ordered in.....
Judgment:

1. This is a suit for contribution for costs recovered from the plaintiff in a former suit in which the present plaintiff and defendants sued as plaintiffs. That suit was for maintenance against a Karnavathi and her Anandravans. The suit was decreed against the Karnavathi, but dismissed with costs against the Anandravans.

2. Looking at paragraph 14 of the judgment in that case, Exhibit III, we are not disposed to think that the joinder of the other defendants in that case was otherwise than bona fide. We agree with the Munsif in the present case in holding that the defendants have failed to show that there was any misconduct in the plaintiffs in impleading the defendants whose costs they were made to pay. The rule in Merryweather v. Nixon 8 Term Rep. 186 : 16 R.R. 810, is one of doubtful expediency. It certainly is not to be extended to cases where costs have been ordered in a bona fide litigation. See Shakul Kamdeed Alim Sahib v. Syed Ibrahim Sahib 26 Ma. 373. We must dismiss this second appeal.


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