Gobardhan Missir vs Rajendra Missir on 4 November, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            First Appeal No.1203 of 1971
                                    Gobardhan Missir
                                          Versus
                                    Rajendra Missir
                             ----------------------------------

52. 04.11.2011 The learned counsel for the appellant

submitted that inspite of his repeated reminder letters

the appellant is not contacting him therefore, he is not

in a position to take any step.

It appears that the first appeal itself has

abated as against the legal representatives of the

deceased respondent Nos.1 and 3. The said deceased

respondent Nos.1 and 3 were the plaintiffs in the court

below. The suit has been decreed in their favour and

therefore, in absence of the legal representatives of the

deceased respondent Nos.1 and 3 the appeal cannot

proceed.

In view of the above facts and circumstances

of the case, since the appeal has abated as against the

legal representatives of deceased respondent Nos. 1

and 3, the whole appeal has become now incompetent.

Accordingly, this first appeal is dismissed as a whole as

abated.

S.S.                                              (Mungeshwar Sahoo,J.)