The court dismissed the second appeal as incompetent. The limitation petition for condoning delay was dismissed as against several respondents, barring the appeal against them, leading to a risk of inconsistent orders.
Appeal dismissed as incompetent for being barred by limitation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.452 of 2012
======================================================
.... .... Appellants
.... .... Respondents
====================================================== Appearance :
For the Appellant/s : Mr. Dharmendra Jha For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER
12 13-12-2016
Perused the office note, from which it transpires that the
limitation petition (I.A. No. 3578 of 2013) has stood dismissed for default as against respondent Nos. 3 to 7.
The said Interlocutory Application (I.A. No. 3578 of 2013)
was filed for condonation of delay in filing this appeal. From the
Patna High Court SA No.452 of 2012 (12) dt.13-12-2016
2
perusal of memo of appeal it transpires that respondent Nos. 3 and 4 were the plaintiffs in the suit. After dismissal of the limitation petition as against respondent Nos. 3 and 4 and also as against respondent Nos. 5 to 7 this appeal has stood barred by limitation as against those respondents. There is no one to submit that this appeal can legally proceed only against respondent Nos. 1 and 2.
In that view of the matter, proceeding further with this appeal may result in inconsistent orders and conflicting decrees.
This appeal is therefore dismissed as incompetent.
(V. Nath, J.)
Snkumar/-
U
1 issue framed by the court
Whether this second appeal should be dismissed as incompetent because it is barred by limitation against certain respondents.
Yogi Paswan
Binde Paswan
Ram Narayan
Ram Naresh Kumar
Most. Phuleshwari Devi
Arhuliya Devi
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
