It appears from the order of the High Court that there prevailed a practice in the event of a doubt to file an appeal as well as a Revision Application and ordinarily both the appeal and the revision were placed for disposal before one and the same Court at the same time, so that the question of jurisdiction may recede in the background.
The question which the High Court was required to decide was whether application for revision under Section 115 of the Code of Civil Procedure filed along with an appeal companyld survive after the appeal was disposed of as number pressed and withdrawn.
The present appellants had made an application for being impleaded as parties but numberorder was passed on their application since the appeal was number restored to file.
Heard companynsel on both sides.
Special leave granted.
In the present case, however, it is evident that before the revision application came up for hearing, the appeal was disposed of for want of prosecution as withdrawn.
The attempt to revive the appeal failed.
