Hira Lal Choudhary And ORS v. Kmar Vinyanand Singh And ORS

Patna High Court SA No.211 of 2004 (13) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.211 of 2004 ====================================================== Hira Lal Choudhary & Ors .... .... Appellant/s

Versus

Kmar Vinyanand Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Deepak Kumar Mr. Mukesh Kumar For the Respondent/s : Mr. . Neeraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 22-12-2016 Nobody appears on behalf of the appellants.

It appears from the order-sheet that several opportunities have been granted to the appellants to take steps for filing requisites for service of notice on respondent Nos. 1(i) to 1(vi) and ultimately this appeal has stood dismissed for default for non-compliance of the said direction.

From the memo of appeal it appears that the plaintiffs in the court below are the appellants against the judgment and decree of affirmance. The respondent No. 1 was defendant in the suit. After dismissal of this appeal as against the substituted heirs of deceased respondent No. 1 i.e. respondent Nos. 1(i) to 1(vi) proceeding further with this appeal may result in inconsistent orders and conflicting decrees.

As such, this appeal has become incompetent and is dismissed as such.

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