Most.Sudama Devi v. Lachhmina Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.971 of 1977 ====================================================== Most.Sudama Devi & Ors.

.... .... Appellant/s

Versus

Lachhina Devi & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. B.N.Mandal Mr. Birendra Mohan Singh Mr. Ajay Chandra Mr. S.C.Surya Mr. Syed Asgharr Najmi Mr. Om Prakash Singh Mr. Manoj Kumar Choudhary For the Respondent/s : Mr. Prakash Chandra Gupta Mr. Panditjee Pandey Mr. V.K.Sinha Mr. Anand Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-07-2017 Perused the office note dated 28.07.2017.

The learned counsel for the respondent submitted that respondent No.4 was defendant No.4 in the Court below and he had contested the suit by filing contesting written statement along with other contesting respondents. Now, on the dismissal of the appeal against the legal representatives of the deceased respondent No.4, the judgment and decree impugned becomes final against them. In such circumstances, in their absence, neither the judgment and decree can be set aside nor can be veried nor modified. Therefore, the whole appeal is become incompetent.

Patna High Court FA No.971 of 1977 (44) dt.31-07-2017 2/2 From perusal of the memo of appeal, it appears that respondent No.4 was the defendant No.4 in the Court below which would be evident from the decree under appeal. At paragraph 4 of the impugned judgment, it is clearly mentioned that the defendant No.2 to 9 and 10 have contested the suit. It means that the defendant No.4 had also contested the suit. Nobody appeared on behalf of the appellant.

In view of the above facts and submission of the learned counsel, Mr. Ranjan Kumar Dubey, for the respondent, this appeal has become incompetent now. Thus, this Fist Appeal is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U