In this petition filing appeal against a judgment dismissing, the court, noting absence of appellate counsel and the competency issue involving respondent No. 3, held that proceeding would cause inconsistency. The appeal was dismissed as incompetent.
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Patna High Court SA No.328 of 1996 (21) dt.20-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.328 of 1996
====================================================== Surajdeo Singh & Ors .... .... Appellant/s Versus Jamuna Singh & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vikram Deo Singh Mr. Arun Kumar Singh For the Respondent/s : Mr. Manindra Kishore Singh Mr. Rajesh Singh Mr. Ashok Kumar Mr. Pranav Kumar Mr. Indiwar ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 21 20-10-2016 Nobody appears on behalf of the appellants. Perused the office note, whereby the competency matter of this appeal, after its dismissal as against respondent No. 3, has been placed for consideration. It appears that the suit was filed by the plaintiffs for partition of the property after declaring the gift deed dated 10.12.1984 as collusive and forged.
As nobody has appears on behalf of the appellants to show that this appeal can proceed in absence of respondent No. 3 on record and also in view of the fact that the main relief in the suit was for partition, proceeding further with this appeal may result in inconsistent orders or conflicting decrees.
In the result, this appeal is dismissed as incompetent.
Snkumar/-
(V. Nath, J.)
U
Surajdeo Singh & Ors
Jamuna Singh & Ors
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
