Parmeshwar Singh v. Mahendra Singh And ORS

Patna High Court SA No.19 of 1994 (12) dt.03-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.19 of 1994 ====================================================== Parmeshwar Singh .... .... Appellant/s

Versus

Mahendra Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Triloki Nath Maitin Mr. Ranjeet Narain Mr. Ramadhar Singh For the Respondent/s : Mr. Ratan Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 03-04-2017 Heard Mr. Rajeev Kumar learned Counsel appearing on behalf of the plaintiff-appellant.

This appeal has been filed against the judgment and decree of reversal.

From the office report it transpires that this appeal has stood dismissed as against the heirs of the deceased respondent No. 5.

Learned Counsel for the plaintiff-appellant could not persuade this Court that this appeal can proceed in absence of the heirs and legal representatives of the deceased respondent No. 5, who was impleaded as defendant second set in the suit by the plaintiff- appellant. Accordingly, this Court comes to the conclusion that proceeding further with this appeal may result in inconsistent orders and conflicting decrees.

This appeal is therefore dismissed as incompetent. Snkumar/- (V. Nath, J.) U