Bharucha, J. - (1.) The learned single Judge of the High Court of Punjab and Haryana found no merit in Regular Second Appeal No. 601 of 1971 and dismissed the same with costs. He allowed, to the extent indicated in the judgment and order under appeal, Regular Second Appeal No. 105 of 1971 with no order as to costs.
(2.) Learned counsel for the appellants fairly stated that, in view of the judgment of this Court in Atam Prakash v. State of Haryana, (1986) 2 SCC 249, there was no merit in the appeal against the order on Regular Second Appeal No. 601 of 1971.
(3.) Learned counsel for the appellants, however, contended that the decree made in Regular Second Appeal No. 105 of 1971 was in favour, inter alia, of a dead man, namely, the second appellant Rup Ram and that, therefore, the decree should be set aside.;