Case Note & Summary
The case involved an appeal filed by Sarju Singh and his minor children against several respondents. The appeal was registered as First Appeal No.258 of 1984 in the Patna High Court. On 26th September 2012, the court noted that no one appeared on behalf of the appellants. The court referred to an earlier order from 20th May 1996, which directed the memo of appeal to be returned to the appellants for presentation before the appropriate competent court due to valuation issues. Since no one had come forward to receive the memo of appeal for such presentation, the court concluded that the appeal was not maintainable. Consequently, the court dismissed the appeal.
Headnote
A) Civil Procedure - Maintainability of Appeal - Dismissal for Non-Appearance - Code of Civil Procedure, 1908 - The court dismissed the appeal as not maintainable due to the absence of the appellants and their failure to receive the memo of appeal since 1996. The court held that the appeal could not proceed without the appellants being present to pursue it (Paras 1-2).
Issue of Consideration
Whether the appeal is maintainable in the absence of the appellants.
Final Decision
The appeal was dismissed as not maintainable due to the absence of the appellants and their failure to pursue the appeal since 1996.
Law Points
- Maintainability of appeal
- Non-appearance of appellants
- Dismissal of appeal
