Nagendra Singh And ORS v. Ram Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
SECOND APPEAL No. 35 of 1993 ======================================================
1. Nagendra Singh.
2. Surendra Singh.
3. Vijay Singh.
4. Ajay Singh.
5. Sanjay Kumar All sons of Shubh Narayan Singh.
6. Seema Kumari.
7. Shanti Devi.
8. Usha Devi.
9. Mala Devi.
All daughters of Shubh Narayan Singh.
10. Mostt. Kamla Devi, wife of Shubh Narayan Singh. All presently residents of Village-Kumna, Police Station-Jalalpur, District- Saran. -- ----Objectors-Appellants- Appellants.
Versus
1. Ram Kumar Singh, son of Ram Rekha Singh, resident of Village-Kumna, Post Office-Jalalpur Police Station-Jalalpur, District- Saran ----Opposite Party-Respondent- Respondent.
====================================================== Appearance :
For the Appellant/s : Mr. Vijay Kumar Sinha, Advocate For the Respondent/s : Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2025 Interlocutory Application No. 417 of 2014 was filed by the appellant under Order XXII Rule 4 read with Rule 9 of the Code of Civil Procedure, for substituting the names of the legal heirs of the sole respondent, Ram Kumar Singh, who died on 30.08.2011, leaving behind his heirs and legal representatives. The appellants have also prayed for setting aside abatement against the sole respondent and also prayed for condoning the delay in filing the setting aside abatement through Interlocutory Application No. 416 of 2014 filed under Section 5 of the Limitation Act, 1963.
Patna High Court SA No.35 of 1993(21) dt.18-08-2025 2/2
2. Office has pointed out that the aforesaid interlocutory applications stood dismissed for non-compliance with the order dated 05.08.2025. As a result, the appeal remains pending against the deceased sole respondent and stands abated.
3. In view of the above circumstances, and in the absence of any surviving respondent or substitution of legal representatives, the appeal is rendered incompetent. Accordingly, the present Second Appeal is dismissed as abated. (Khatim Reza, J) shyambihari/- U