Mujataba Khan v. Ibris Khan And ORS

Patna High Court SA No.273 of 1997 (14) dt.08-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.273 of 1997 ====================================================== Mujataba Khan .... .... Appellant/s

Versus

Ibris Khan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant :

For the Respondents :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 No one appears on behalf of the appellant.

The appeal has already been dismissed against deceased respondent no. 1, 3 and 4 due to non-compliance of the peremptory order of this Court.

The suit was for declaration of title and recovery of possession filed by the plaintiff-appellant. The plaintiff-appellant lost the case before both the courts below. Since effective remedy and right to sue does not survive in absence of the aforesaid respondent no. 1, 3 and 4, this appeal would abate as a whole. Accordingly, it stands dismissed.

(Birendra Kumar, J) Kundan/- U