LT COL P H CHOUDHARY Vs. ALTAF AHMED

JUDGEMENT

(1.) This Letters Patent appeal raises a question relating to the impact of the abatement of an appeal on the memorandum of cross-objections.

(2.) The short facts, which are not in dispute, are these. The respondents brought a suit on the foot of two promissory notes executed by the father of the appellant and obtained a decree for Rs. 18,409.00. The defendant i.e., the father of the present appellant brought an appeal questioning the validity of the decree only with regard to one item, i.e., Rs. 4.000.00.

(3.) On service of notice of this appeal, the respondents, filed a memo of cross-objections contending that they were entitled to the full amount claimed by them, i.e., Rs. 23.061-8-0 and there was no justification for the trial Court to reduce it to Rs. 18,409.00. Pending the appeal, the defendant died but his legal representatives were not brought on record in time with the result that the appeal abated. However, the present respondents impleaded the legal representatives of the deceased defendant as a party to their memorandum of cross-objections.