Jamadar Mahto and Ors. v. Ram Ayodhya Mahto and Ors.
Case brief
What is this about?
Patna High Court second appeal (No. 179 of 1994) in a partition suit dismissed as wholly abated; abatement earlier qua respondent nos. 2(iii) and 2(iv) for non-filing of substitution petition; appeal found incompetent. Single-judge bench: Khatim Reza, J. Appellants: Jamadar Mahto and Ors (adv. Satya Nand Shukla); Respondents: Ram Ayodhya Mahto and Ors (adv. Mithlesh Kumar Khare). No statutes or precedents cited in the judgment.
What did the court decide?
Since the suit is for partition and the appeal has already abated qua respondent nos. 2(iii) and 2(iv) for non-filing of a substitution petition, the appeal is incompetent. ¶7