The High Court dismissed a second appeal because it was abated. The court held that the cause of action did not survive against the remaining respondents, necessitating hearing their legal heirs before interfering with the impugned judgment.
The appeal was 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.53 of 1994
| ============================================= Most.Saimun Khatoon through L.Rs. .... .... Versus |
========= Appellant/s |
|---|---|
| Keshao Prasad & Ors .... .... ============================================= |
Respondent/s ========= |
| Appearance : For the Appellant/s : Mr. Mahesh Prasad-2 Mr. Rewti Kant Raman |
|
| For the Respondent/s : Mr. Ravi Shankar Sahay Mr. Kaushalendra Pd. |
|
| ============================================= CORAM: HONOURABLE MR. JUSTICE BIRENDRA K ORAL ORDER |
========= UMAR |
Heard learned counsel for the parties.
10 09-10-2017
This appeal is against the reversal of the judgment of the trial court by the lower appellate court. The reversal order was in favour of the respondents. The appeal stood dismissed due to non-compliance of the peremptory order of the Court in respect of respondent Nos.4 to 8, 11(a) to 11(b), 14(i) to 14(vii).
Now, the question is whether the appeal would abate as a whole or only against the deceased respondents. Since cause of action does not survive with the appellants against the remaining respondents, as the impugned judgment cannot be interfered without hearing the legal heirs of the deceased respondents, hence, the whole appeal would abate.
Patna High Court SA No.53 of 1994 (10) dt.09-10-2017
2
Accordingly, it stands dismissed as abated.
(Birendra Kumar, J)
Nitesh/-
U
1 issue framed by the court
Whether the appeal would abate as a whole or only against the deceased respondents?
Most. Saimun Khatoon through L.Rs.
Keshao Prasad & Ors
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
