Kailash Pd.Singh Arya And ORS v. Smt.Indra Devi And ORS

Patna High Court FA No.448 of 1984 (11) dt.01-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.448 of 1984 ====================================================== Kailash Pd.Singh Arya .... .... Appellant/s

Versus

Smt.Indra Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kripanath Yadav Mr. B.N.Chaudhary Mr. A. K Singh For the Respondent/s : Mr. K.V.Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-07-2016 Perused the office note dated 30.06.2016.

It appears that for non-compliance of the peremptory order dated 24.07.2015, the First Appeal has been dismissed against the plaintiff-respondent No.1.

From perusal of the memo of appeal, I find that the suit has been decreed in favour of plaintiff-respondent No.1. The other respondents were defendant in the Court below. Now, when the First Appeal has been dismissed against the sole plaintiffrespondent No.1, the impugned judgment and decree neither can be altered nor modified nor can it be set aside. Now, therefore, this First Appeal has become incompetent to proceed. Thus, this First Appeal is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T