This revision is directed against the dismissal of an appeal by the court below upholding the preliminary objection which was raised by the respondents that there was no validly presented memorandum of appeal before the said court as required by O. XLI R. 1, C.P. C.

2. The brief facts are these. The predecessor of the plaintiff-respondents filed an application under Section 12 of the U. P. Agriculturists Relief Act, 1934 for the redemption of a usufructuary mortgage. This application was filed against Murari Lal who was the original defendant-applicant in this revision. He died during the pendency of the revision and his legal representatives were brought on record. The trial court decreed the aforesaid suit initiated by the applicant under S. 12 of the U. P. Agriculturists Relief Act and an appeal was taken out by the defendant-appellant, Murari Lal, to this Court and the same was registered as First Appeal No. 55 of 1945 on 8th Jan., 1945. This appeal was heard by a learned single Judge who allowed the same by his order dated 4th Jan., 1961. A special appeal was filed against the judgment of the learned single Judge and the Division Bench by its judgment dated 6th July,