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1996 (11) TMI 465 - SUPREME COURT

1996 (11) TMI 465 - SUPREME COURT - 1996 (9) Suppl. SCR 252, 1996 (11) SCC 586, 1996 Suppl. JT 40, 1996 (9) SCALE 14 - SLP(C) 22201 OF 1996 - Dated:- 27-11-1996 - K. RAMASWAMY, G. T. NANAVATI JJ. JUDGMENT: O R D E R This special leave petition arises from the order of the High Court of Punjab & Haryana made, on July 19, 1996 in Civil Revision NO. 4233/95. Respondent No. 1, elder brother of the petitioner filed the suit for declaration against the petitioner and three brothers that the decree .....

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impugned order. Thus, this special leave petition. The learned counsel for the petitioner has contended that the petitioner had not authorised the counsel to withdraw the appeal. The Court after admitting the appeal has no power to dismiss the same as withdrawn except to decide the matter on merits considering the legality of the reasoning of the trial Court and the conclusions either agreeing or disagreeing with it. We find no force in the contention. Order III, Rule 4, CPC empowers the counse .....

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