JUDGMENT

Sulaiman, J. - This appeal arises out of a suit for damages on the ground that certain copyrights have been infringed. The success of the appeal depended entirely on the success of suit No. 454 of 1922 brought to set aside the sale. That suit has now been dismissed to-day. It is, therefore, conceded that this appeal must fail with costs on the higher scale. The plaintiffs have filed certain cross-objections against Janki Das, defendant. A preliminary objection is taken that no such cross-objections lie. The plaintiffs had impleaded Janki Das alleging him to be a partner of the defendant's firm, and had claimed relief against him jointly with the others. The Court below has held that Janki Das is not proved to have been a partner. The suit against him has been dismissed. The plaintiffs filed no appeal against Janki Das at all within the time allowed by law. The other defendants, viz., Bankey Lal and others filed an appeal against the plaintiffs, and in the memorandum of appeal impleaded Janki Das also. It is quite clear that no relief was claimed in the appeal against Janki Das who was merely a pro forma respondent and need not have been impleaded at all. He was in no way in