JAGDEO Vs. CHHATTARDHARI

JUDGEMENT

(1.) THIS second appeal is directed against the so called judgment and decree dated 19 -1 -1976 passed by Sri P.K. Sarkar and the judgment and decree dated 15 -2 -1975 passed by Sri Maharaj Deen, Additional Civil Judges, Allahabad, in Civil Appeal No. 533 of 1964 arising out of suit No. 418 of 1958.

(2.) SRI Ansuman Singh, learned Counsel for the Respondents raised a preliminary objection against the maintainability of the appeal. He urged that the order dated 15 -2 -1975 was an order abating Civil Appeal No. 533 of 1964 pending in the court of Additional Civil Judge, Allahabad, under Section 5 of the U.P. Consolidation of Holdings Act, and that this order does not amount to a decree. The order dated 19 -1 -1976 was passed by Sri P.K. Sarkar dismissing an application for review of that order. The order dismissing the review application cannot by any stretch be treated to be a decree.

(3.) IN view of the fact the legal representatives of Puddan, Sukhdeo, Darshan, and Budul, had already been brought on the record by being substituted in the first appeal from order, it cannot be said that there was any abatement of the appeal in the lower appellate court, by reason of their death.