The court dismissed the first appeal as incompetent. The appeal had abated due to the death of the representative. A subsequent application was filed for restoration. The court noted the appellants' lack of interest and long pendency.
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.852 of 1972
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Patna High Court FA No.852 of 1972(45) dt.14-12-2023 2/4
Gogiya, P.S.- Ramnagar, District- Champaran.
Patna High Court FA No.852 of 1972(45) dt.14-12-2023 3/4
and P.O.- Telpur, P.S.- Lauriya, District- Champaran.
... ... Respondent/s
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Appearance :
For the Appellant/s : None For the Respondent/s : None ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
45 14-12-2023 Perused the office notes.
16.01.2004 on the ground of incompetency as the appeal had abated against respondent nos. 3, 6, 7 and 16.
Patna High Court FA No.852 of 1972(45) dt.14-12-2023 4/4
J. Alam/- U
3 issues framed by the court
Whether an appeal dismissed on account of incompetency (death of representative) can continue after a fresh order restoring the file.
Whether the appeal as a whole becomes incompetent due to abatement against some respondents.
Whether the court can proceed with the appeal given the long pendency and lack of active prosecution by the appellants.
Bibi Hasina
Abdul Barkat
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
