1. This case has a chequered history, but it is not neces­sary for us to go into the complete history of the case and we shall only advert to such relevant facts as are necessary for dealing with the questions raised in the revision petition.

2. The respondent, Shri Hardut Sharma, filed a suit in the Court of Sub Judge (C.J.M.) Jammu for declaration and specific per­formance of contract against M/s Jai Kishan Sham Lal and Sons arraying S/Shri Jai Kishan and Sham Lal as defendants. The suit was registered as Civil suit No. 144 of 1919 and a consent decree was passed in favour of the respondent herein. Aggrieved by the consent decree, the petitioners-herein filed a suit for the cancellation of he consent decree in the court of the sub Judge, (C. J. M,) Jammu. That suit was decreed by the trial court on 31st of March, 1983, in favour of the plaintiffs-petitioners. The respondent thereupon filed an appeal against the judgment and decree dated 31-3-1983 on 1st of April, 1983 before the District Judge. Jammu. The memo of appeal was not accompanied by any certified copy of the decree or the judgment appealed against but alongwith the memo of appeal, the respondent had filed