DAKKHO BAI Vs. OM PRAKASH

JUDGEMENT

(1.) IN this petition preferred under Articles 226 and 227 of the Constitution of India, the facts in brief may be noticed :

(2.) THE suit filed by Dakhkhobai was decreed. An appeal was preferred against the decree by Pannalal alone. That appeal was dismissed. The decree passed in favour of Dakhkhobai thus attained finality.

(3.) ACCORDING to her, there is jurisdictional error in entertaining the petition of Omprakash. This is a case where there is total abuse of process of law. Having suffered a decree and having made no attempt to challenge the same, Omprakash wants to make a grievance in the appeal of Pannalal sub -tenant that he should also have been heard. The appeal was to get the verdict in favour of the petitioner, Dhakhkhobai reversed. So far Omprakash is concerned, he allowed the verdict of the trial Court to attain finality. There is no verdict against Omprakash. The dismissal of the appeal preferred by Pannalal would amount to be a decision against Pannalal and not against Omprakash. As such, provisions of Order 41 Rule 21 would not be attracted to this case. A non -appealing defendant figuring as a respondent in an appeal preferred by another defendant cannot contend the dismissal of the appeal is a judgment against him.