( 1 ) ON the application of the State Bank of India, the appellants, these two second appeals were dismissed as withdrawn by order dated 25-5-2001. Applications have been filed by the appellant bank in both the appeals to recall the aforesaid order dismissing the appeals as withdrawn and these applications are being disposed of by the present order.

( 2 ) THE facts giving rise to the present applications may be briefly stated. The State Bank of India hereafter referred to as the bank had filed a suit No. 25 of 1977 against the firm M/s. Jamuna Prasad Munni Lal, a proprietorship concern of which Jamuna Prasad Jaiswal was the sole proprietor. The suit was decreed for re-covery of Rs. 3,82,827. 70 P with interest @ 18% per annum from the date of the suit till the date of payment. The defendant filed appeal, which was registered as Civil Appeal 8 of 1999 in the Court of District Judge, Deoria.

( 3 ) DURING the pendency of the aforesaid litigation Jamuna Prasad Jaiswal died leaving behind three sons who according to the banks case were partners of a new firm Jamuna Prasad Jaiswal and Sons. According to the banks case these partners sold certain assets of the proprieto