Nagina Singh v. Rajmangal Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.343 of 1989 ====================================================== Nagina Singh .... .... Appellant/s

Versus

Rajmangal Singh & Ors.

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

For the Appellant/s : Mr. Vindhya Keshri Kr. Mr. Ranjana Sinha -1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-06-2015 Perused the office note dated 18.06.2015.

This first appeal arises out of partition suit. The plaintiff's suit for partition has been dismissed. From perusal of the judgment, it appears that defendant no.1-respondent no.1 was one of the contesting defendants in the court below, who had filed contesting written statement. On his death his legal representatives were substituted before this Court on 07.02.2002. In view of the office note it appears that the first appeal has already been dismissed against the aforesaid legal representatives of the defendant no.1-respondent no.1, who are respondent nos.1(i) to 1(vii). Now, therefore, the impugned judgment and decree became final against the aforesaid respondents and in their absence the impugned judgment and decree cannot be altered, modified, varied or set aside nor fresh partition be effected. In such view of the

Patna High Court FA No.343 of 1989 (12) dt.22-06-2015 matter, this first appeal has become now incompetent. Thus, it is dismissed as incompetent.

(Mungeshwar Sahoo, J) Harish/- U