Mahant Mahto v. Rajendra Mahto

Patna High Court FA No.475 of 1988 (12) dt.29-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.475 of 1988 ====================================================== Mahant Mahto .... .... Appellant/s

Versus

Rajendra Mahto .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Madhusudan Kr. Mr. Manendra Kr.

For the Respondent/s : Mr. Umesh Kumar Singh Mr. Ravi Shankar Dwivedi Mr. Viveka Nand Pathak Mr. Shambhu Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-07-2015 Perused the office note dated 28.07.2015.

According to the office note, this appeal has already been dismissed for default against respondent nos.1 to 3 for noncompliance of the Court's peremptory order dated 09.12.2014. From perusal of the memo of appeal, it appears that there are only three respondents and plaintiffs are the appellants. Now, therefore, in absence of the respondents in whose favour the decree has been passed by the court below, the said decree neither can be modified, altered nor set aside. Therefore, the appeal has become incompetent to proceed.

Accordingly, this first appeal is dismissed.

(Mungeshwar Sahoo, J) U Harish/-