Dholan Singh And Ros v. Phulwati Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.693 of 1978 ====================================================== Dholan Singh & Ros .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. K. K. Ghose Mr. N. K. Shrama For the Respondent/s : Mr. B.Singh Mr. V.R.Prasad Mr. Birju Prasad Mr. Lal Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-08-2016 Perused the office note dated 12.08.2016.

It appears that the appeal has abated against the deceased respondent nos.3 and 5. Further the appeal has been dismissed for default against respondent nos.4 and 6. The aforesaid respondents were plaintiffs in the court below. The first appeal arises out of partition suit wherein the aforesaid respondents were plaintiffs and the decree is in their favour. Now in absence of the aforesaid plaintiffs-respondents the decree neither can be altered, modified nor set aside at the instance of the defendant.

In view of the above facts and circumstances, in my

Patna High Court FA No.693 of 1978 (25) dt.16-08-2016 opinion, the first appeal itself is incompetent to proceed. Accordingly, this first appeal is dismissed.

(Mungeshwar Sahoo, J) Harish/- U