DALICHAND M SHETH Vs. KOLI DEVJI TAPUBHAI

JUDGEMENT

(1.) The present appellant is the original plaintiff and the respondents are original defendant nos. 1 and 2 respectively, in the civil suit wherein the trial court passed a money decree in favour of the plaintiff and against the defendants.

(2.) This decree was challenged by filing a Civil Appeal No. 185/81 before the District Court by the second defendant. It is pertinent to note that the first defendant had not filed any independent appeal challenging the decree, nor had he joined himself as co-appellant in the said appeal filed by the second defendant. Even in this appeal no issue has been raised as to the validity of the decree as regards defendant no. 1, nor has the first defendant sought to have such an issue raised before the lower appellate court.

(3.) The lower appellate .court allowed the appeal filed by the second defendant, but according to the present appellant-original plaintiff, the entire decree passed by the trial court was set aside i.e., it was set aside both against defendant no. 1 and also against defendant no. 2.