The Patna High Court dismissed this first appeal as incompetent. The court held that with the deceased respondent and their heirs absent, the impugned judgment and decree could not be set aside, altered, or modified, rendering the appeal bar. Harish/
The first appeal is dismissed as it is incompetent.
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Patna High Court FA No.561 of 1984 (17) dt.23-11-2015
| IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.561 of 1984 |
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| ====================================================== Jadu Singh & Ors .... .... Appellant/s Versus Smt.Sabuj Devi & Ors .... .... Respondent/s ====================================================== |
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Appearance : For the Appellant/s : Mr. D.N.Pandey Mr. N.K.Sinha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER |
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| 17 | 23-11-2015 Perused the office note dated 06.11.2015. |
| In view of the office note the appeal has already been dismissed against the heirs of deceased respondent no.1. |
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| From perusal of the memo of appeal, it appears that only the plaintiff-respondent is the contesting respondent in whose favour the impugned judgment and decree has been passed. Now |
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| in absence of deceased respondent no.1 and/her heirs the impugned judgment and decree can neither be set aside, altered |
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| nor can be modified and, therefore, this appeal has become now incompetent. |
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| Accordingly, this first appeal is dismissed. |
Harish/- (Mungeshwar Sahoo, J) U
1 issue framed by the court
Whether the first appeal became incompetent due to the absence of the deceased respondent and their heirs.
Jadu Singh & Ors
Smt.Sabuj Devi & Ors
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
