( 1 ) THE brief facts for the purposes of this petition are as under : Narainlal, Babulal, Jagdish Prasad and Radhabai filed a civil suit. This suit was for recovery of a specified amount. The suit was filed against the present petitioner Parsadilal and also against one Budhuram. Ultimately, a decree came to be passed against Parsadilal. He preferred an appeal in the appellate Court. It transpired that the present petitioner did not implead Radhabai as a respondent in the appeal. One Budhuram co-defendant was also not arrayed as a defendant. In action of non-impleading of Budhuram, resulted into dismissal of the appeal as not properly filed. It be seen that in para 10 of the grounds of appeal, the petitioner did state that Radhabai died before the decree was passed in her favour.

( 2 ) AS Budhuram was not arrayed as a respondent, the first appellate Court as noticed above has dismissed the appeal. It is basically against the above order the present petition has been preferred.

( 3 ) ACCORDING to the petitioner, as no decree had been passed against Budhuram, this Budhuram was not arrayed as a party and omission to array Budhuram in the appeal memo would not be fatal