Sudama Devi v. Lutan Bind And ORS.

Patna High Court SA No.472 of 1991 (8) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.472 of 1991 ====================================================== Sudama Devi, daughter of Chander Bind, resident of Village Lohadi, P.S. Goh, District Aurangabad ............ Plaintiff ............ Respondent.... .... Appellant

Versus

1. Lutan Bind, son of Lala Bind, resident of Village Lohadi, P.S. Goh, District Aurangabad ......... Defendant..... Appellant Respondent lst Set

2. Shrimati Mulsani Devi, wife of Babu Lal Bind

3. Krishna Bind

4. Bijay Bind

5. Jagdish Bind, sons of Babulal Bind All resident of Village Ghughani Tand, Pargana Mahar, P.O. Chandchaura, P.S. Civil Line Town, District Gaya ..... Defendant .... Respondent ...... Respondent 2nd set .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Ranjit Kr.Singh Mr. Shila Singh Mr. Ramashish For the Respondent/s : Mr. Mahesh Pd.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 07-10-2015 Heard Mr. Mrigendra Kumar, learned Counsel appearing for the appellant.

Perused the office note, from which it transpires that this appeal has stood dismissed for default as against respondent Nos. 2 to 5. Mr. Kumar has submitted that after dismissal of this appeal against respondent Nos. 2 to 5 this appeal cannot proceed as against the respondent on record alone.

In view of the aforesaid submission and considering the matter, this appeal is dismissed as incompetent. Snkumar/- (V. Nath, J.) U