Ramel Dass vs Dharam Singh and Others

J.V. Gupta, J.—This Regular Second Appeal arises out of a suit for declaration to the effect that the transfer of suit land by Defendant No. 1 Budhu Ram in favour of Defendants Nos. 2 and 3, i.e., Dhannu Ram and Ramel Dass, sons of Jumma Ram, through collusive and consent decrees, dated 31st August, 1970 is illegal, ineffective, null and void, as the same has been made to defraud his creditors and the same is also not binding on the Plaintiff. The trial Court decreed the suit partially but on appeal the learned Additional District Judge reversed thejudgment and decree of the trial court on issue No. 4 also and decreed ''the Plaintiff''s suit in entirety''. In this appeal filed by Ramel Dass, one of the defts, notice of motion was issued on 17th March, 1980. The learned Counsel for the Plaintiff Dharam Singh, has brought to my notice that R.S.A. No. 2664 of 1979, against this veryjudgment filed by the other brother Dhannu Ram has already been dismissed on 2nd November, 1979, whereas the present appeal has been filed on 19th November, 1979 by Ramel Dass, the other brother, after the dismissal of that R.S.A. Consequently, it was contended that in view of the dismissal of the earlier R.S.A. against this very judgment, this appeal is liable to be dismissed on this ground alone.

The learned Counsel for the Appellant, contended that though an appeal against this veryjudgment has been dismissed on 2nd November, 1979, by this Court, but that itself is no ground to dismiss the present appeal. In support of his contention, he relied upon ajudgment in Ishar Dutt and Another Vs. Musai Dube and Others, . I have gone through the said judgment, but it has no application to the facts of the present case, in that case, two separate appeals were filed by the two sets of Defendants. The appeal filed by one set of Defendants was dismissed by the Additional District Judge; whereas the appeal Med by the other set of Defendants was accepted and consequently, the suit of the Plaintiffs against all the Defendants was dismissed.

In the present case, Dhannu Ram and Ramel Dass are real brothers and their interest in the suit is common. Both of them had engaged one counsel before the lower appellate Court and they had filed a joint written statement in the trial Court. Under these circumstances, if the appeal filed by one of them has already been dismissed by this Court, then the second appeal on the same grounds is liable to be dismissed on that short ground alone. Dismissed.