Smt. Kanti Devi And ORS v. Raj Balam Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.205 of 2011 ====================================================== Smt. Kanti Devi & Ors .... .... Appellant/s

Versus

Raj Balam Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satish Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 09-07-2015 Heard the learned counsel for the appellants as well as the learned counsel for the respondent nos. 1 and 2. The matter has been placed today for consideration of the competency of the appeal after its dismissal as against respondent no. 3, 5 to 11 and 14 to 17. It transpires from the impugned judgment that the defendant nos. 3, 6, 7 and 9 have field their written statement and contested the suit along with defendant nos. 1 and 2.

Mr. Sanjay Singh, the learned counsel for the respondent nos. 1 and 2 has submitted that the relief in the suit was claimed against all the defendants who have been impleaded as respondents in this appeal. The learned counsel for the appellants, however, has submitted that the aforesaid defendantrespondents against whom this appeal has been dismissed have not contested the suit. This fact, however, appears to be not

Patna High Court SA No.205 of 2011 (20) dt.09-07-2015 correct from the records. As such, proceeding further with this appeal with the remaining respondents may result in inconsistent decree/order.

The appeal is accordingly dismissed as incompetent. (V. Nath, J) Devendra/- U