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1996 Supreme(SC) 1178

K.RAMASWAMY, G.B.PATTANAIK
Mohammad Khalil – Appellant
Versus
Kamaruddin – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises against the judgment and decree of the High Court of Allahabad made on January 23, 1995 in Second Appeal No. 1437/80. The admitted position is that the appellant was one of the defendants in the suit. The suit for specific performance had come to be filed for execution of the sale deed under an agreement. The, trial Court disbelieved the agreement on the ground of interpolation and dismissed the suit. On appeal, the appellate Court reversed the decree. Thus, the appellant and others came to file second appeal in the High Court. There were four appellants before the High Court. The appellant herein had changed the advocate and the other three had not changed the advocate. When the case was called on for hearing, the counsel who had not changed and filed the appeal initially argued the matter on behalf of the other appellants also. The High Court was not inclined to interfere. The appellant alone had changed the advocate but he did engage other advocate who did not appear nor argued on behalf of the appellant on the date when the case was posted. Accordingly, the High Court came to d




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