1. - S.B. Civil Second Appeal No. 215/1980 was filed by defendant No 5 in Civil Suit No. 14/1971 of the trial Court. Defendant No. 5 had also impleaded in the array of appellants the firm M/s. Sarvan Kumar Rajendra Kumar through himself. The second appeal was admitted on 5th December, 1980. It appears from the proceedings of the Registry that by 8th April, 1981, respondents No. 1 to 3 in the appeal were duly served. Ramji Das and Prabhati Lal (who were defendants No. 2 and 4 in the suit and respondents No. 4 and 5 in the second appeal) were not served and, therefore, the Registry ordered for issue of fresh notice for these respondents. Process fee and notices were not filed by 23rd April, 1981 and hence the same were not issued. On 11th May, 1981, the counsel for the appellant sought time for the purpose. Thereafter also some more dates were given for filing of notices and process fees. Ultimately, the second appeal was listed for orders before the Bench on 7th August, 1981. On that date, Justice G.M. Lodha (as he then was) passed the following order:-

"Mr. Garg is granted one month's time to file notices and process fee, failing which the appeal would stand dismissed autom