The appellants in this private partition suit appeal faced dismissal without arguments as notices to certain respondent-cosharers were not issued due to non-compliance, rendering the remaining appeal incompetent.
The appeal was dismissed as incompetent because the judgment under appeal had already been disposed of regarding respondents 3 to 18.
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 FIRST APPEAL No.241 of 1984
======================================================
| 1. 2. 3. 4. |
MAHABIR SINGH (Dead) Madan Singh, both son of Late Nand Kishore Singh, Name not known alias Mamta (minor daughter of Baban Singh @ Birendra Singh under guardianship of mother, Heera Devi) Name not known alias Hira Devi, w/o Baban Singh @ Birendra Singh, r/o Tetariya, PO- Konch, P.S.-Tekari, District- Gaya, |
|---|---|
| 5. 6. |
Ajay Singh, Sanjay Singh, |
| 7. 8. 9. |
Shambhu Singh, all sons of late Baban Singh @ Birendra Singh, Bhushan Singh, Sharma Nand Singh, |
| 10. 11. |
Parma Nand Singh, all sons of Madan Singh, Binod Singh, |
| 12. 13. |
Pramod Singh, Samod Singh, all minor son of Bhushan Singh under the guardianship of their father, All resident of village- Tetariya, PO- Konch, P.S.-Tekari, District- Gaya |
| ... ... Appellant/s Versus |
|
| 1. | SAVITA DEVI, w/o Mahendra Singh, resident of Tetariya, PO- Konch, P.S. Tekari, District- Gaya |
| 2. | Mosmat Anupa Devi, (Dead), w/o late Rago Singh, r/o Tekari, P.S. Tekari, district- Gaya |
| 3. | Smt. Tetari Devi, w/o Sri Lalan Singh, d/o Ragho Singh, r/o Bagobigha, P.S.-Balagnj, district- Gaya, |
| 4. 5. 6. 7. |
Ram Tawakya Singh, son of Ragho Singh, Ram Awtar Singh, son of Ragho Singh, Brajesh Singh, son of Ragho Singh, Ram Janam Singh, son of |
| 8. 9. 10. 11. 12. |
Dinesh Singh son of Ram Tawakya Singh, Ram Naresh Singh, son of Tapsi Singh, Janki Singh, son of Raja Singh, Musafir Singh, son of Janki Singh, Ramdeo Singh, son of Harbansh Singh, |
| 13. | Rameshwar Singh, (Dead), son of Harbansh Singh, r/o Tetariya, P.S.- Tekari, District- Gaya, |
Patna High Court FA No.241 of 1984(32) dt.23-04-2019 2/3
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : None For the Respondent/s : None ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
32/ 23-04-2019
None has appeared on behalf of the Appellants.
On 08.01.2019 also, none had appeared on behalf of
the Appellants.
It has been pointed out by the Office that by peremptory order dated 29.11.2017, the Appellants were directed to comply the order dated 12.09.2017 within one month with regard to issuance of appeal notices to Respondent Nos.3 to 18, but the same was not complied. Thereafter, the appeal stood dismissed against Respondent Nos.3 to 18 for noncompliance of the aforesaid order.
From the impugned judgment, it appears that suit was filed for partition of plaintiff’s ¼ share from the properties described in Schedule II and III of the plaint with a prayer to get a separate Takhta of the plaintiff's share carved out through a survey knowing Pleader Commissioner. The suit has been decreed by the Court below. The Defendants have filed this appeal.
This appeal arises out of Partition Suit and appeal
Patna High Court FA No.241 of 1984(32) dt.23-04-2019 3/3
against Respondent Nos.3 to 18 has already stood dismissed as per order dated 08.01.2019.
Since all the co-sharers (defendants) are necessary party in Partition Suit and the appeal has stood dismissed with regard to Respondent Nos. 3 to 18, this appeal has become incompetent.
Therefore, this appeal is dismissed as having become incompetent.
(Sanjay Priya, J)
J. Alam/-
U
1 issue framed by the court
Whether the appeal remains maintainable when notices to some co-sharers were not served due to non-compliance of the appellate court direction.
Mahabir Singh (Dead)
Madan Singh
Name not known alias Mamta
Name not known alias Hira Devi
Ajay Singh
Sanjay Singh
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
