R. K. PATRA, J.

( 1 ) THE petitioner, an advocate ordinarily practising at Jaipur Road has filed this writ petition challenging the validity of the Notification No. 8167/99 dated 8. 9. 1999 of the Orissa State Bar Council by which he has been placed under suspension. Against the said order, the appellant has filed this present appeal. The Stamp reporter has raised a question about maintainability of the appeal against the impugned order of abatement on the ground that the impugned order does not amount to a decree.

( 2 ) MR. Mohanty, learned Advocate for the appellant has submitted that as the suit has been ordered to abate against all the defendants, living as well as dead, such order amounts to a decree and is appeal able. Mr. Mohanty has referred to a decision of the Calcutta High Court in Sabitribai Debt v. Jugal Kishore Das and Others, and a decision of the Jandk High Court in Achhar v. Koondi and Others' AIR 1958 Jandk 53.

( 3 ) IN Sabitribai Debi's case (supra), it has been held:"it is contended, therefore, that it is not necessary for the lower Court to make an order directing that the appeals had abated. This argument however overlooks first, that the learned Judge belo