AIR 1997 SUPREME COURT 1281 ::1997 AIR SCW 1335 ::1997 (3) ADSC 205 ::1997 ADSC 3 205 ::1997 SCFBRC 350 ::1997 (9) SCC 276 ::(1997) 2 Scale 431 ::1997 (1) CurCC 495 ::(1997) 2 ICC 833 ::1997 (1) LJR 566 ::1997 (1) RentLR 686 ::(1997) 2 SCR 326 (SC) ::(1997) 2 LandLR 276 ::1997 (2) SCR 326 ::(1997) 2 Supreme 708 ::(1997) 3 JT 215 (SC) ::1997 (3) JT 215

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): K. Ramaswamy, S. Saghir Ahmad , JJ

Civil P.C. (5 of 1908) , O.22 R.1, S.100— Abatement of appeal - Joint and inseparable @page-SC1282decree passed by trial Court against first and second defendant - Matter carried in first appeal, which was confirmed and second appeal was filed - Appellant therein opted not to seek any relief against second defendant - In such situation appeal against second defendant cannot be said to have abated - Refusal by High Court to go into merits of case - Improper.S.A. No. 3091 of 1976, D/-21-4-1978 (AII), Reversed. (Para 2)