In a first appeal arising from a partition suit dismissed below, the court held that the appellants' failure to issue a notice of appeal against one necessary co-sharer respondent rendered the entire appeal incompetent.
Appeal dismissed as incompetent due to non-issuance of notice against a necessary co-sharer respondent.
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.364 of 1984
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Appellant/s : None For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
17/ 23-04-2019 By order dated 08.01.2019, four weeks’ peremptory
time was given to the Appellants to take steps for issuance of appeal notice against Respondent No.1(e), but the same has not been complied with.
Patna High Court FA No.364 of 1984(17) dt.23-04-2019 2/2
None has appeared on behalf of the Appellants.
From the impugned judgment, it appears that Plaintiffs had filed suit in the Court below for partition of 2/11 share in the suit land described in Schedule-II of the plaint. Suit of the plaintiffs was dismissed. The plaintiffs are Appellants in this appeal.
The appeal stood dismissed as against Respondent No.1(e) for non-compliance of the peremptory order dated 08.01.2019. This appeal arises out of Partition Suit. Every cosharer is necessary party.
Therefore, dismissal of the appeal with respect to one of the co-sharer i.e. Respondent No.1(e) will make the entire appeal incompetent.
Accordingly, the appeal is dismissed as having become incompetent.
(Sanjay Priya, J)
J. Alam/-
U
2 issues framed by the court
Whether the appeal becomes incompetent if the notice of appeal against one necessary co-sharer respondent is not issued.
Whether dismissal of appeal against a single co-sharer renders the entire appeal incompetent.
Safiuddin
Samiruddin
Sanaullah
Samiullah
Majudan Khatoon
Rukaiya Khatoon
Sanjay Priya
J. Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
