This is a second appeal filed by parties who were impleaded during the pendency of a lower appeal without making an application. The High Court found no basis for the appeal's maintainability and dismissed it.
The appeal is dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.401 of 2012
======================================================
.... .... Appellant/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Lalan Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
8 17-07-2014 Heard learned counsel for the appellants and the
respondents.
Learned counsel for the appellants fairly states that the appellants herein were neither defendants nor the plaintiff in the Trial Court. They also did not make any application and were impleaded as party during the pendency of the appeal. The Office has raised objection about maintainability of the appeal at the instance of the appellants who describe themselves as intervenorappellants.
This Court does not find any basis from the memo of appeal for filing such appeal. There is no application supported by affidavit filed in support of the claim of the appellants to file the
Patna High Court SA No.401 of 2012 (8) dt.17-07-2014
2
present appeal.
This Court, in view of the aforesaid, upholds the
objection of the office.
Counsel for the appellants, at this stage, submits that the appellants shall seek remedy as is available to them in law.
The appeal is dismissed as not maintainable.
(Kishore Kumar Mandal, J)
Pankaj/-
U
1 issue framed by the court
Whether the appeal filed by parties who were neither defendants nor plaintiffs and did not make an application is maintainable.
Arun Kumar S/O Vinod Yadav
Raj Kishore Yadav
Raghunandan Prasad Mandal
State Of Bihar Through Collector Madhepura
Mukhiya
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
