Sri Chaman Yadav v. Sri Kesho Yadav And ORS

Patna High Court SA No.294 of 1990 (14) dt.27-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.294 of 1990 ====================================================== Sri Chaman Yadav .... .... Appellant/s

Versus

Late Kesho Yadav through L.Rs & Ors.

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

For the Appellant/s : Mr. Triloki Nath Maitin Mr. Sudhir Kumar Vijpuria For the Respondent/s : Mr. Ram Nath Sharma Mr. Arun Kumar Tripathi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-11-2017 This appeal arises out of judgment and decree passed in a partition suit. The appeal has already been dismissed as abated against respondent No.8 Sri Jaigobind Yadav who was one of the plaintiff to the suit .

Now the office has placed the file for necessary order whether the appeal would abate as a whole or not. Since no decree can be passed in absence of the deceased respondent who was necessary party in a suit for partition, therefore, cause of action does not survive with the appellant in absence of respondent No.8.

Accordingly, it stands dismissed as abated as a whole.

(Birendra Kumar, J) Nitesh/- U