Jagni Devi v. Doman Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.133 of 2004 ====================================================== JAGNI DEVI ... ... Appellant/s

Versus

DOMAN YADAV and ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rana Ishwar Chandra For the Respondent/s :

Mr.Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2019 The appeal has already been dismissed against proposed legal heirs of respondent Nos.3 and 5 for not filing substitution petition of deceased respondent Nos.3 and 5. The appellant is the plaintiff. The appellant-plaintiff filed the suit for partition of the lands mentioned in Schedule on the ground that the plaintiff-appellant and respondentsdefendant Nos.1 and 2 jointly purchased the land from Sumitra Devi and on the basis of such, the plaintiff filed the suit for partition and to carve out her share but the suit filed by the plaintiff-appellant as well as the First Appeal filed by the plaintiff-appellant stood dismissed. This Second Appeal also stood dismissed against respondent Nos.3 and 5 due to noncompliance of the peremptory order to file substitution petition of deceased respondent Nos.3 and 5. The same and similar relief is sought against other respondents.

Patna High Court SA No.133 of 2004(9) dt.02-09-2019 2/2 In this view of the fact, in order to avoid contradictory judgment, the appeal as a whole has to be dismissed. Accordingly, this Second Appeal as a whole stands dismissed. (Prabhat Kumar Jha, J) Saurabh/- U