Mahendra Singh v. Gajendra Rai And ORS

Patna High Court SA No.33 of 2009 (9) dt.06-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.33 of 2009 ====================================================== Mahendra Singh, son of Ramdhari Singh, resident of Village Lakhanpur Tal, PS Desari, District Vaishali .......... Plaintiff ........... Appellant .... .... Appellant

Versus

1. Gajendra Rai

2. Poshan Rai

3. Kabila Rai, all sons of Rameshwar Rai

4. Girja Devi

5. Ram Kumari Devi, Nos. 4 and 5 both daughters of Rameshwar Rai, all residents of Village Lakhanpur Tal, PO & PS Desari, District Vaishali ......... Defendants ...... Respondents lst parties

6. Birendra Paswan, son of Briksha Paswan, resident of Village Dhubpatti, PS Hajipur, PO Sarai, District Vaishali

7. Tilia Devi, wife of kali paswan, resident of Village Gajraul, Paharpur, PS Mahua, District Vaishali ... Defendant .... Respondent IInd party

8. Ramesh Paswan, son of Basu Paswan resident of Village Lakhanpur Tal, PS Desari, District Vaishali ....... Defendant ........ Respondent 3rd party .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Naresh Chandra Verma Mr. Arun Kumar Lal For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 06-08-2015 Nobody appears on behalf of the appellant in spite of repeated calls.

Perused the office note, from which it transpires that the petition for condonation of delay (I.A. No. 1675 of 2010) at flag 'A' had stood rejected for non compliance of the order. It further transpires that no substitution petition has also been filed with regard to respondent Nos. 5 and 7 in spite of the earlier adjournment in that regard. In this backdrop, as the petition for condonation of delay in filing this appeal has stood rejected, this appeal is barred by limitation and is, accordingly, dismissed. Snkumar/- (V. Nath, J.) U