067-NLR-NLR-V-05-GOONESEKARA-v.-SENARATNA.pdf
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1900.
February 14.
GOONESEKARA v. SENARATNA.
D. C., Matara, 2,206.
Exaggeration of Claim—Judgment recovered in lower class—Unnecessary costspayable to defendant.
A plaintiff who exaggerates his claim and puts the defendant* tounnecessary expenses in the way of stamps makes himself liable to repayto the defendant such costs.
A
CTION on a bond for Rs. 650, with interest at 24 per cent, perannum, but plaintiff recovered judgment only for Rs. 320
and costs, with interest at 24 per cent.
Defendant appealed on the ground that he should not have beencast in costs in the class in which the action was brought, andthat though 24 per cent, was the rate mentioned in the bond, itwas agreed that a much lower rate would be charged.
Browne, for appellant.
Wendt, for respondent.
14th February, 1900. Bonser, C.J.—
This is an action on a bond in which the plaintiff claims Rs. 650.He has recovered Rs. 320. The defendant appeals and says thatunder these circumstances he has. been put to unnecessary expensein the way of stamps; that if the claim had been restricted to thealhount which the District Judge has found to be due, the stampson the defendant’s process would have been less in value thanthose which under the circumstances he had been obliged to use.I think that contention is reasonable, and the plaintiff must re-paythe defendant any unnecessary costs to which he has been put bythe exaggeration of his claim.
The other ground of appeal was that, although the parties agreedthat interest should be paid and the stipulation was inserted in thebond, yet there was an understanding that the stipulation forpayment of interest should not he enforced. No such agreementwas proved.
Brownf., A.J.—Agreed.
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