Punne Singh And ANR v. Daya Devi

Patna High Court SA No.80 of 2005 (12) dt.31-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.80 of 2005 ====================================================== 1(i). Punne Singh @ Pramod Kumar Singh, son of Bajrangi Singh 1(ii). Bajrangi Singh, son of Late Chabbi Nath Singh, both residents of Village Ekhlaspur, P.S. Bhabhua, District Kaimur .... .... Appellants

Versus

1. Daya Devi, wife of Triyogi Narayan Singh, resident of Village and P.O.Ekhlaspur, P.S. Bhabhua, District Kaimur

2. Sima Devi, wife of Bhardwaj Singh, residednt of Village Dughra, P.S. Mohania, District Kaimur (Bhabua) .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Sangita Kumari Mr. Gopal Sharan Mr. Rewati Kant Raman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 31-08-2016 Nobody appears on behalf of the appellants.

Perused the office note, from which it transpires that the substitution petition (I.A. No. 2559 of 2016) has stood dismissed for default. The said substitution petition was filed praying for substitution of the heirs and legal representatives of the deceased appellant No. 1(ii) and deceased respondent No. 1. After dismissal of the aforesaid substitution petition this appeal now cannot proceed in absence of the heirs and legal representatives of the deceased appellant No. 1(ii) as well as respondent No. 1, as the same may result in inconsistent order and conflicting decree.

As such, this appeal is dismissed as incompetent. (V. Nath, J.) Snkumar/- U