Uchit Tanti And ORS v. Saligram Singh And ORS

Patna High Court FA No.921 of 1978 (41) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.921 of 1978 ====================================================== Uchit Tanti & Ors .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Guru Sharan Sharma Mr. Surendra Kishore Thakur Mr. Pramod Kumar Verma Mr. Krishna Deo Ram For the Respondent/s : Mr. Rama Kant Pd.Singh Mr. Raghav Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-07-2015 Perused the office note dated 01.07.2015.

According to the office note, this appeal has already been dismissed against the heirs of deceased respondent No.1 for non-compliance of the peremptory order dated 16.05.2007. Nobody appeared on behalf of the appellants.

From perusal of the impugned judgment, it appears that only the contesting respondent is the defendant-respondent No.1. He had only contested the suit by filing the written statement and on his death, his legal representatives/heirs were substituted against whom the appeal has already been dismissed. Now, therefore, this appeal has become incompetent to proceed as in absence of the heirs of the deceased respondent

Patna High Court FA No.921 of 1978 (41) dt.16-07-2015 No.1, the impugned judgment and decree neither can be altered nor modified nor set aside.

Accordingly, this First Appeal is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T