MOHAMMAD KHALIL Vs. KAMARUDDIN

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises against the judgment and decree of the High court of Allahabad made on 23/1/1995 in Second Appeal No. 1437 of 1980. The admitted position is that the appellant was one of the defendants in the suit. The suit for specific performance had come to be filed 9 for execution of the sale deed under an agreement. The trial court disbelieved the agreement on the ground of interpolation and dismissed the suit. On appeal, the appellate court reversed the decree. Thus, the appellant and others came to file second appeal in the High court. There were four appellants before the High court. The appellant herein had changed theadvocate and the other three had not changed the advocate. When the case was called on for hearing, the counsel who had not changed and filed the appeal initially argued the matter on behalf of the other appellants also. The High court was not inclined to interfere. The appellant alone had changed the advocate but he did engage another advocate who did not appear nor argued on behalf of the appellant on the date when the case was posted. Accordingly, the High court came to dispose of the second appeal on merits confirming the decree of the appellate court.