Yogendra Singh v. Krishna Kumar Singh And ORS

Patna High Court SA No.78 of 1993 (33) dt.09-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.78 of 1993 ====================================================== Yogendra Singh .... .... Appellant/s

Versus

Krishna Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ramesh Kumar Choudhary For the Respondent/s : Mr. Nawal Kishore Kashyap Mr. Madan Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 09-05-2017 Nobody is present on behalf of the appellant. Learned Counsel for the respondents is present and has submitted that this appeal now has become incompetent after nonsubstitution of the heirs and legal representatives of respondent No. 17 after his demise.

It transpires from the office note as well as from the records that the appellant has consistently remained unrepresented from 28.1.2014 up till now and the interlocutory application (I.A. No. 5937 of 2014) also stood dismissed as against the heirs and legal representatives of the deceased respondent No. 17. As nobody is present on behalf of the appellant to show that this appeal can still proceed in absence of respondent No. 17 or his heirs and in view of the submission on behalf of the respondents, proceeding further with this appeal may result in inconsistent orders or conflicting decrees.

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