Sahdeo Tatma v. Arjun Sharma And ORS

Patna High Court SA No.136 of 2012 (6) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.136 of 2012 ====================================================== Sahdeo Tatma .... .... Appellant/s

Versus

Arjun Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 24-10-2016 Nobody appears on behalf of the appellant.

Perused the office note, from which it transpires that this appeal has stood dismissed for default as against respondent Nos. 1 and 3. It further appears from the memo of appeal that respondent Nos. 1 and 3 were defendants in the suit whereas the present appellant was the plaintiff and the present appeal has been filed against the judgment and decree of affirmance dismissing the suit. As there is no representation on behalf of the appellant to point out that this appeal can proceed in absence of respondent Nos. 1 and 3 on record, proceeding further with this appeal may result in inconsistent orders or conflicting decrees. This appeal is, therefore, dismissed as incompetent. (V. Nath, J.) Snkumar/- U