- (1.) Heard.
(2.) These two appeals are being disposed of by this common judgment.
(3.) W.P.(C) No. 5032 of 2001 was filed by the appellant Govind Prasad Kanaudia and W.P.(C) No. 5825 of 2001 was filed by the appellant Kashinath Kanaudia. The certificate officer in the order dated 18th August, 1999 passed by him had held both of them "dendaar" and thus liable to pay the amount in question. In course of the said order, the certificate officer even though mentioned two persons as "Dendaar" and they being Govind Prasad Kanaudia and Kashinath Kanaudia, but he does not either return any finding or decide as to which one of these two dendaars (we shall hereinafter refer this term as "Debtor") is actually liable to pay the amount in question. In fact, a reading of the order dated 18th August, 1999 may perhaps be suggestive of the fact that perhaps the certificate officer thought and held that both the debtors were jointly and severally liable to pay the amount in question. For the reasons that we state hereinafter, nothing could be further from truth because only one of the two debtors can be held liable to pay, and not both of them.;