Oldfield, J.

1. The only material facts are that plaintiff obtained a decree against 1st defendant and his sons, 3rd and 4th defendants for the amount of a debt incurred by the first mentioned. Third and 4th defendants appealed not making 2nd defendant, 1st defendants undivided nephew, a party. Plaintiff, however, here 1st respondent, filed a memo, of objection against him and statedly on account of that memo, had made him a party to the appeal in the lower Appellate Court, A degree was given by the lower Appellate Court against him: and he now appeals, the only ground of appeal argued being that, as he was not originally a party to the appeal, no memo could be filed to his prejudice.

2. The Full Bench decision in Munisamy Mudaly v. Albu Reddy 27 Ind. Cas. 323 : 38 M. 705 : (1915) M.W.N. 45 : 27 M.L.J. 740 has placed beyond doubt the right of one respondent to proceed against another by memo of objection and the only question, therefore, is whether the one is entitled to have the other made a party in order that he may do so. Appellant argued that he is not, because the only provision in Order XLI relating to appeal?, rule 20, for the addition of parties refers to "the appeal