JUDGMENT

DESAI, J.

( 1 ) SPECIAL Leave granted.

( 2 ) WITH the consent of the parties, we decided to dispose of the appeal by a speaking order. The appellant-defendant filed first appeal No. 286 of 1961 in the High court of Judicature at Allahabad against the judgment and decree of the learned Additional District Judge, Meerut by which the suit of the plaintiff-respondent was decreed declaring that the house involved in the appeal is a public temple and the shop involved in the dispute in the suit was property of the public trust. A further declaration was given that the defendants were not suitable persons to be trustees of public trust and therefore a scheme for the administration of the public trust be prepared and new trustees be appointed.

( 3 ) WHEN this appeal, preferred by the appellant in the High court came up for hearing, Shri Banerjee learned counsel for the appellant stated that he had no further instructions in the matter and sought leave to withdraw from the case and on being so permitted he withdrew and then the court proceeded to dismiss the appeal for failure of the appellant to appear and prosecute the appeal.

( 4 ) FROM a short cryptic Order of the High court, it