Sukhdeo Das v. Ram Narain Sah And ORS

Patna High Court SA No.201 of 2002 (13) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.201 of 2002 ====================================================== Sukhdeo Das, son of Late Gulmi Das, resident of Village Mahishi, P.S. Mahishi, District Saharsa ..... Defendant lst party .... Respondent lst party .... .... Appellant

Versus

1. Ram Narain Sah

2. Satya Narain Sah, both sons of Late Bhaiyo Sah, residents of Village Mahishi, P.S. Mahishi, District Saharsa .... Plaintiffs .... Appellants

3. Hari Ballav Das

4. Dashrath Das alias Mathu

5. Dilip Kumar Das, sons of Sukhdeo Das

6. Niras Das, son of Late Ramji Das, resident of Mahishi, P.S. Mahishi, District Saharsa ..... Defendants ......... Respondents

7. Radha Krishna Sah, son of Late Bhaiyo Sah, resident of Mahishi, P.S. Mahishi, District Saharsa ..... Defendant ........ Respondent 2nd set .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Chandra Bhushan Das For the Respondent/s : Mr. Diwakar Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 16-02-2016 Nobody appears on behalf of the appellant even on repeated calls.

Perused the office note from which it transpires that this appeal has already been dismissed on 17.12.2007 as against respondent Nos. 3, 4, 5 and 6 for non compliance of the order. It does not appear from the office note that any step has been taken on behalf of the appellant for restoration of this appeal as against the aforesaid respondents. Nobody has appeared on behalf of the appellant to submit that this appeal can proceed even in absence of the aforesaid respondents on record.

In this view of the matter, this appeal is dismissed as incompetent.

Snkumar/- (V. Nath, J.) U