Syed Ali Imam Hussain v. Syed Maqsoodal Hassan

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.505 of 1980 ====================================================== Syed Ali Imam Hussain .... .... Appellant/s

Versus

Syed Maqsoodal Hassan .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. M.Ahsan Shahabuddin Mr. Abbas Haider For the Respondent/s : Mr. Ashok Kumar Verma Mr. Zulfquar Ali Haider Mr. Farooque Moozam ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-07-2017 Perused the office note dated 11.07.2017 and the order dated 27.11.2015.

It appears that the sole respondent died and the appellant was directed to file substitution application as the learned counsel for the respondent filed Interlocutory Application No.3628 of 2015 informing that the sole respondent had died. Admittedly no substitution application has been filed by the appellant within the limitation prescribed. Therefore, this first appeal has already abated against the deceased sole respondent in view of the provision as contained in Order 22 Rule 4(3) of the Code of Civil Procedure.

Since the appeal has already abated, now there is no

Patna High Court FA No.505 of 1980 (8) dt.12-07-2017 one to defend this first appeal. Therefore, this first appeal as a whole has become incompetent to proceed. Accordingly, this first appeal is dismissed as incompetent.

(Mungeshwar Sahoo, J) Harish/- U