Patna High Court - Orders
Smt. Kusum Devi vs Gopal Ji Prasad & Ors. on 7 November, 2014
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.98 of 2013
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Smt. Kusum Devi
.... .... Appellant/s
Versus
Gopal Ji Prasad & Ors.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
9 07-11-2014Nobody appeared on behalf of the appellant.
It appears that the plaintiff appellant had filed title suit No.44 of 2005 claiming for partition of her 2/3rd share in the suit property. The suit was dismissed by the impugned Judgment and Decree dated 27th February, 2013 passed by Sub Judge V, Ara. Against the said Judgment and Decree, the present First Appeal has been filed by the plaintiff. According to the office note dated 5.11.2014, the appeal has already been abated as against the deceased respondent No.3 for non-substitution of the legal representatives of the deceased respondent No.3 and the appeal has already been dismissed as against respondent No.1 and 2 for 2 Patna High Court FA No.98 of 2013 (9) dt.07-11-2014 2/2 not complying the order dated 7.8.2014, i.e., by not taking the steps for appeal notice. Now, therefore, the appeal is pending against respondent No.4 only.
From perusal of the Judgment, it appears that the defendant No.4 respondent No.4 neither appeared nor contested the suit, therefore, the Judgment has been passed ex.-parte against respondent No.4.
In view of the above facts sand circumstances of the case, now in absence of the legal representatives of deceased respondent No.3 and in absence of respondent No.1 and 2, the impugned Judgment and Decree cannot either be set aside, altered or modified. Therefore, the First Appeal itself is incompetent to proceed. Accordingly, it is dismissed as incompetent.
(Mungeshwar Sahoo, J) Sanjeev/-
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