Kailash Sharma v. Md. Jaffar And ORS.

Patna High Court SA No.420 of 2009 (11) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.420 of 2009 ====================================================== Kailash Sharma, son of Late Prithvi Chand Tanti, resident of Village Sutindabad, P.S. & District Saharsa ......... Plaintiff .......... Appellant .... .... Appellant

Versus

1. Md. Jaffar

2. Md. Seful

3. Md. Safique, all sons of Late Md. Heyul, all resident of Village Saharsa Busti Under Municipality Saharsa Ward No. 18/24, P.S. & District Saharsa ................ Defendants ............ Respondents .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Shiva Shankar Sharma Mr. Arun Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 07-10-2015 Mr. Arun Kumar Sinha, Advocate, has appeared on behalf of the appellant and has submitted that the sole appellant is dead and there is no substitution petition filed for bringing on records his heirs and legal representatives. It has been further submitted that in that view of the matter this appeal cannot proceed in absence of the appellant.

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

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