Ram Saran Lal And ANR v. Sahodari Devi And ORS

Patna High Court FA No.312 of 1984 (12) dt.09-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.312 of 1984 ====================================================== Ram Saran Lal & Anr .... .... Appellant/s

Versus

Sahodari Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. B.P.Sinha Mr. G.C.Pd.

Mr. Ashok Kumar Mr. D.D.Mishra Mr. Chitra Gupta Prasad Mr. Amar Prakash For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-11-2016 Perused the office note dated 08.11.2016.

The plaintiff-respondent No.1 had died and her name was deleted on the ground that her only legal representative is on record as respondent No.2. The appellants were directed to take steps for notice on respondent No.2 after declaring him as major. According to office note, for non-compliance of the peremptory order, the appeal has already been dismissed against respondent No.2. The judgment and decree is in favour of plaintiff- respondent Nos. 1 and 2 only. The other respondents were defendants in the court below. Now, in absence of the plaintiff-respondent, the judgment and decree impugned neither can be set aside nor can be altered or modified. The appeal arises out of partition suit. Thus, in my opinion, the whole appeal has become now incompetent to proceed. Accordingly, the first appeal is dismissed. brajesh/- (Mungeshwar Sahoo, J) U