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Judgment
4 paragraphs · 93 words
1.
The appeal in the lower appellate Court having been withdrawn without any hearing, the respondents in the lower appellate Court were not
entitled u/s 561 of the CPC of 1882, to take any objection to the decree. Rule 113 of the Rules of Practice does not apply. The decree of the
lower appellate Court in so far as it allows the memorandum of objections must be modified. The memorandum of objections in the lower
appellate Court must be dismissed without costs. The appellant is entitled to his costs in this second appeal.