The Patna High Court dismissed Second Appeal No. 205 of 2011 as incompetent. The court held that proceeding with the remaining respondents would lead to an inconsistent decree, as some had already been dismissed from the appeal in a lower decision.
The appeal was dismissed as incompetent.
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.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 20 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
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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
Kanti Devi & Ors
Raj Balam Singh & Ors
V Nath
As recorded by the court registry
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