Code of Civil Procedure, 1908– Order 41, Rule 22(1)–Defendant who did not contest the suit–His right to file the appeal–Defendant no. 5 supported the plaintiff in the suit for possession–Suit was decreed–Appeal by defendant nos. 1 to 4–Plaintiff entered into the settlement with the contesting respondents who filed the appeal against the decree–Decree was set aside by appellate Court–Rights of respondent no. 5 were prejudiced–Held, he has the right of filing appeal–Impugned judgment set aside and matter remanded back for deciding afresh.
