The Union Of India Thr.Secret. v. Alakh Niranjan Pd.

Patna High Court FA No.520 of 1984 (16) dt.14-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.520 of 1984 ====================================================== The Union of India & Ors.

.... .... Appellant/s

Versus

Alakh Niranjan Prasad & Ors.

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

For the Appellant/s : Mr. A.Alam Mr. Sudhir Kumar Katriar Mr. N.A.Shamshi Mr. Harendra Prasad Singh For the Respondent/s : Mr. Madhusudan Kumar Mr. Jayanandan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-07-2015 Perused the office note dated 13.07.2015.

From perusal of the office note as well as the order dated 28.01.1994, it appears that the respondent No.1 died on 05.01.1994 and the appellants were directed to take steps for substitution but still today, no substitution application has been filed. It further appears that only the respondent No.1 was the plaintiff-respondent. The suit filed by the plaintiff-respondent No.1 was decreed in his favour partly. The other respondents were defendants in the court below.

In view of the above facts, now because of nonsubstitution of the legal representatives of the plaintiff-respondent No.1, the appeal has already abated automatically in view of the

Patna High Court FA No.520 of 1984 (16) dt.14-07-2015 provision as contained in Order 22 Rule 4(3) C.P.C. after expiry of 90 days from the date of death. As stated above, since there are no other contesting respondents, therefore, the whole appeal become incompetent to proceed.

Accordingly, this First Appeal is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T