The Supreme Court observed that there was no evidence to show
that the respondent sought and obtained direction from court not to
effect service of the notice of appeal on the co-defendants on the
ground that they took no part in the proceedings in the Court of

Appeal. It was held that in the absence of such direction, failure to
serve copies of the notice of appeal on all the co. defendants
amounted to a violation of Rule 74(1) of the Supreme Court Rules
which is mandatory.
Accordingly court struck out the notice of appeal on that basis.