GULAB SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) Tarlok Singh Chauhan, Judge Where in a case there are more than one defendants, who are equally aggrieved by a decree on a ground common to all of them and only one of them challenges the decree by filing first appeal in his own right and the other defendants do not choose to challenge the decree by filing first appeal, then maintain the second appeal or their right to challenge the decree is lost, is the question which arises for consideration in this appeal?

(2.) However, before answering the question, certain minimal facts need to be noticed. The plaintiff/respondent filed a suit for declaration and injunction against the defendants/appellants which was decreed by the learned trial Court. Only, the co-defendant Rameshwar Singh assailed the decree by filing first appeal, however,

(3.) to the same too met with the same fate vide judgment and decree passed by the learned first appellate Court on 31/3/2018. Aggrieved by the judgment and decree passed by the learned first appellate Court, the defendant Rameshwar Singh has filed a separate appeal being RSA No.215 of 2018, whereas, the defendants/appellants, who had not preferred any appeal against the judgment and decree passed by the learned trial Court, have now preferred RSA No. 286 of 2018.