Ramji Singh And ANR v. Jitu Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.350 of 1992 ======================================================

1. Ramji Singh

2. Vijay Singh Both sons of Laxmi Singh, resident of Village Manjhauli, P.O. Jharna Saren, P.S. Atari, District Gaya ........... Defendants ........ Appellants .... .... Appellants

Versus

1. Jitu Singh

2. Hari Narayan Singh

3. Dwarika Singh, all sons of Budhan Gope

4. Sadhu Saran Singh, son of Raju Singh

5. Ram Lakhan Singh, son of Bhola Singh

6. Jai Singh, son of Sadhu Singh All resident of Village Manjhauli, P.O. Jharna Saren, P.S. Atari, District Gaya ............ Plaintiffs ............ Respondents ... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Nand Gopal Mishra Mr. Rajiv Nayan Singh For the Respondent/s : Mr. Rajendra Lal Das ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 12-05-2016 Nobody appears on behalf of the appellants.

Perused the office note, from which it transpires that the substitution petition with regard to deceased respondent Nos. 1 and 5 (I.A. No. 3794 of 2000) has been dismissed for default for non compliance of the order dated 13.2.2006. It appears from the memo of appeal that the deceased respondent nos. 1 and 5 were plaintiffs in the suit. As such, after abatement of this appeal with regard to deceased respondent Nos. 1 and 5 proceeding further with this

Patna High Court SA No.350 of 1992 (12) dt.12-05-2016 appeal may result in inconsistent orders or conflicting decrees. As such, this appeal is dismissed as incompetent. (V. Nath, J.) Snkumar/- U