J U D G M E N T

The fair and decretal order dated 13.06.2019 passed in C.M.P.No.764 of 2017 in A.S.No.430 of 2013 is under challenge in the present Civil Miscellaneous Appeal. The suit was instituted by the respondents 1 to 3 for declaration. The suit was decreed in favour of the plaintiffs to the extent stated in the decree. The defendants 2 to 15, instituted appeal suit in A.S.No.430/2013 and the appeal suit was dismissed for default. The 13th appellant instituted the appeal suit in A.S.No.430/2013 on behalf of other appellants. The civil miscellaneous petition in C.M.P.No.764 of 2017 was filed to set aside the order of dismissal, dismissing the first appeal for default. The trial Court dismissed the said petition filed under Order 41 Rule 19 mainly on the ground that the deponent of the affidavit is not an appellant and further he was not possessing authorisation from the 14 appellants. Despite the fact that the application is filed to set aside the order of dismissal dismissing the first appeal on default. The trial Court dismissed the petition in limine and the present appeal is filed.

2. The learned Senior Counsel appearing on behalf of the appellants mainly contended that the