The Patna High Court in Second Appeal No.306 of 1987, an oral order dated 10-10-2017, dismissed the appeal arising from a partition suit as a whole because the cause of action did not survive against the remaining respondents after abatement due to non-compliance.
No relief granted; appeal dismissed as abated.
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.
Patna High Court SA No.306 of 1987 (16) dt.10-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.306 of 1987
| ================ Chhabi Gupta @ Chob |
============================ i Gupta& Ors .... .... Versus |
========== Appellant/s |
|---|---|---|
| Mostt.Renuka Devi thr | ough L.Rs. .... .... |
Respondent/s |
| ================ | ============================ | ========== |
Appearance : For the Appellant/s |
: Mr. Sukumar Sinha Mr. Ram Pujan Sahay Mr. Rama Nand Prasad Singh Mr. Parshuram Singh |
|
| For the Respondent/s | : Mr. Mr. Vinay Kant Mani Tripa Mr. Shyam Lal |
|
| ================ CORAM: HONOUR ORAL ORDER |
============================ ABLE MR. JUSTICE BIRENDRA K |
========== UMAR |
16 10-10-2017 No one appears on behalf of the parties. This appeal arose out of the judgment and decree passed in partition suit. The appeal has already abated against respondent Nos. 2, 3, 5 and 6 due to noncompliance of the peremptory order.
Since cause of action does not survive in favour of the appellants against the remaining respondents, hence this appeal stands dismissed as abated as a whole.
(Birendra Kumar, J)
Nitesh/-
U
1 issue framed by the court
Whether the second appeal stands dismissed as abated due to non-compliance of peremptory order and survival of cause of action.
Chhabi Gupta @ Chob i Gupta Ors
Most Renuka Devi thr LRs
Birendra Kumar
As recorded by the court registry
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