Raj Narain College,Hajipurandors v. Braj Kishore Prasad Sahu And ORS

Patna High Court FA No.28 of 1992 (37) dt.03-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.28 of 1992 ====================================================== Raj Narain College,Hajipur & Ors .... .... Appellant/s

Versus

Braj Kishore Prasad Sahu & Ors.

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

For the Appellant/s : Mr. Madan Mohan Mr. Jayanandan Singh Mr. Raj Kishore Thakur Mr. Devendra Kumar For the Respondent/s : Mr. Chandra Mauli Chaurasia Mr. Mukesh Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-07-2017 Perused the office note dated 30.06.2017.

Nobody appeared on behalf of the appellants and the learned counsel, Mr. Samir Kumar is appeared on behalf of the B.R.A. Bihar University.

It appears that this first appeal arises out of the final decree. The plaintiff-respondent Nos.1 and 2 filed the partition suit which has been decreed finally. Now in view of the office note, the appeal has been dismissed against the respondent No.1 who was one of the plaintiffs. The impugned final decree is final so far respondent no.1 is concerned.

In such circumstances, the whole appeal become incompetent to proceed because in absence of respondent No.1,

Patna High Court FA No.28 of 1992 (37) dt.03-07-2017 the impugned final decree neither can be altered nor can be modified nor can be set aside.

Thus, this first appeal has become incompetent. Accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U