RAJ BAHADUR SINGH AND OTHERS Vs. SRI KRISHNA KUMAR PD. AND OTHERS

JUDGEMENT

(1.) This appeal is by the defendant -appellant. Both these defendants jointly filed an appeal in the lower appellate court having undergone a decree against themselves by the trial court. The appeal filed in lower appellate court by the two appellants stood dismissed for default. The two appellants filed an application for restoration of the appeal but the same stood dismissed. Against the order refusing to restore the appeal in the lower appellate court, the miscellaneous appeal has been filed by the two appellants who filed the appeal in the court below. In this appeal the two appellants wanted the order dated 12.8.1977 to be set aside. The order dated 12.8.1977 did not find sufficient cause for non -prosecution of the appeal which resulted in its dismissal for default. The appeal as against one of the appellant stood dismissed in this Court and all attempts for restoration of the appeal on behalf of appellant No. 1 also failed in view of the order of this Court dated 15.1.1985.

(2.) The question now arises is whether the appeal can be prosecuted by appellant No. 2 alone.

(3.) On 31.1.1985 the matter was heard and on that day, argument by counsels of the parties were recorded. Time was allowed to Mr. Chandramouli, learned counsel for the respondent, to cite some decisions, if any, in support of his contention that the appeal has abated as whole.