SOHAN LAL Vs. MUKAT LAL

JUDGEMENT

(1.) RAKESH Tiwari, J. The case is taken up in the revised list. None appears for the appellant. Sri Ajit Kumar, learned counsel for the Respondent Nos. 2 to 4 is present. He submits that the restoration application is not maintainable as the appellant has not filed any appeal against the judgment and decree of the trial Court and further no decree was granted by the appellate Court against the appellant. He further submits that the appeal can be filed only against the decree and not against the finding and no second appeal or first appeal can be filed against mere finding. The status of appellant was that of defendant in suit which was decreed by the appellate Court. The appellant had no appealable interest. Sri Ajit Kumar has raised objection that the appellant's prayer for setting aside the findings of the first appellate Court is no longer in existence after the judgment and decree dated 17-1-97 passed by the second appellate Court. The judgment and decree dated 17-1-97 passed in connected Appeal No. 2095 of 1989 has also become final.

(2.) THE restoration application is dismissed on both the grounds i. e. for non-prosecution as well as being not maintainable. Application dismissed. .