Bapna, J.—This appeal was filed by one Haribux Mandhania against the judgment of the District Judge, Merta dated 18th April, 1959 on 15th May, 1959 and he engaged Shri Laxmi Mail Singhvi as counsel for the purpose. The appeal was signed both by Haribux and his counsel. One of the respondents Girdhar Lal engaged Shri Guman Mal Lodha, advocate, who entered appearance for the said respondent. On 15th July, 1959 an application signed by Haribux was submitted by Shri Gumanmal Lodha before the Registrar in which the said Haribux desired to withdraw his appeal and prayed that the stay order be vacated and costs of the appeal be borne by the parties.

2. It was very strange that this application of Haribux instead of being presented by Haribux himself or by his counsel, came to be presented by the counsel for the opposite parties. When this application came to the notice of Shri Laxmi Mall Singhvi he wanted time to ascertain from his client whether the application was genuine and his client wanted to withdraw the appeal. Time was allowed and the case has been put up today for orders. Shri Laxmi Mall Singhvi, Advocate stated that he has no instructions to withdraw the appeal and his client ha

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