ORDER

This special leave petition arises from the order of the High Court of Punjab & Haryana made, on July 19, 1996 in Civil Revision No. 4233/95.

2. Respondent No.1, elder brother of the petitioner filed the suit for declaration against the petitioner and three brothers that the decree dated May 4, 1990 was null and void which was decreed by the Subordinate Judge, Hoshiarpur on September 29, 1993. The petitioner has filed an appeal in the Court of the Additional District Judge, Hoshiarpur. The counsel made a statement on September 15, 1995 that the petitioner did not intend to proceed with the appeal. On the basis thereof, the appeal was dismissed as withdrawn. The petitioner challenged the order of the appellate Court in the revision. The High Court confirmed the same in the impugned order. Thus, this special leave petition.

3. The learned counsel for the petitioner has contended that the petitioner had not authorised the counsel to withdraw the appeal. The Court after admitting the appeal has no power to dismiss the same as withdrawn except to decide the matter on merits considering the legality of the reasoning of the trial Court and the conclusions either agreeing or disagreeing