Bisheshwar Thakur And ORS. v. Deep Narayan Mahto And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.187 of 1991 ====================================================== Bisheshwar Thakur, son of Srikant Thakur, resident of Village Govindpur Bela, PS Baligaon, District Vaishali ------ Defendant--- Respondent .... .... Appellant
Versus
1. Chalitar Mahto, son of Marachu Mahton
2. Deep Narayan Mahto, son of Chalitar Mahto Both residents of Village Govindpur Bela, PS Baligaon, District Vaishali ....... Plaintiffs .......... Appellants .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Pramod Kr.Sinha Mr. Murari Nr.Chy.
Mr. Sunil Kr.Singh Mr. Manoj Kumar-1 Mr. Kaushal Kumar Singh Mr. Muni Narain Choudhary For the Respondent/s : Mr. Anil Kumar Upadhyay Mr. Bishnu Kant Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 06-08-2015 Nobody appears on behalf of the appellants even after taking adjournment in this matter earlier.
This matter has been placed by the office for consideration whether this appeal will be competent after its dismissal as against the proposed heirs of deceased respondent No. 1. From the records it transpires that the plaintiffrespondent No. 1 died on 10.7.1994. The appellants filed substitution petition (flag 'C') praying to substitute and his heirs and legal representatives as mentioned in para 2 of the substitution petition. The notice was issued in the substitution matter upon the proposed heirs of the deceased respondent No.
Patna High Court SA No.187 of 1991 (15) dt.06-08-2015
1. However, due to non compliance of the peremptory order the said substitution petition has stood dismissed. As the deceased respondent No. 1 was one of the plaintiffs in the suit, this appeal cannot proceed in absence of his heirs and legal representatives as it may lead to inconsistent orders or decree. As such, this appeal is dismissed as incompetent.
(V. Nath, J.) Snkumar/- U