Bashmati Devi And ORS v. Shanmati Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.198 of 1992 ====================================================== Late Bansu Harijan @ Bansu Chamar through L.Rs. .... Appellant/s

Versus

Shanmati Devi & Ors ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satish Chandra Surya Mr. Bishwanath Chaudhary Mr. R.K.Verma Mr. Sudhir Ranjan Mr. Rajiv Kumar For the Respondent/s : Mr. Rajendra Narain Mr. .

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-10-2017 No one appears on behalf of the appellants.

Heard learned counsel for the respondents.

This appeal stood dismissed against the substituted respondent Nos.12(a) to 12(f) due to noncompliance of the peremptory order for filing of requisites of notices against them.

Now the file has been placed for necessary order whether the appeal would abate only against those respondents or would abate as a whole.

The matter arises out of a suit for foreclosure. No cause of action survives in favour of the appellants, in absence of the substituted respondents. Hence, this appeal would abate as a whole.

Patna High Court SA No.198 of 1992 (23) dt.12-10-2017 Accordingly, it stands dismissed as abated as a whole.

(Birendra Kumar, J) Nitesh/- U