Patna High Court

Nathuni Paswan and AnrversusSatya Narayan Paswan

Decided: 9 January 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ARUN KUMAR JHA S B P SINGH

Holding

The petition is dismissed for non‑prosecution due to the petitioners' failure to appear.

Summary

Petitioners Nathuni Paswan and Shambhu Paswan filed a civil miscellaneous petition before the Patna High Court against respondent Satya Narayan Paswan. The petitioners failed to appear at multiple hearings despite notices, while the respondent was represented by counsel. On 3 January 2025, the matter was listed again, and again no petitioners appeared. The court observed that the petitioners seemed to have lost interest in pursuing the case. Consequently, the court dismissed the petition for non‑prosecution, noting the lack of participation by the petitioners.

Issues considered

What is the appropriate course of action when petitioners repeatedly fail to appear for hearing?

Subjects

Civil Procedure Code
non‑prosecution
petition dismissal
high court
failure to appear

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.1310 of 2018
                  ======================================================
            1.     Nathuni Paswan S/o Late Tej Narayan Paswan
            2.     Shambhu Paswan S/o Late Achey Lal Paswan Both are residents of village
                   P.O. - Kadamwa, P.s. - Ghorasahan, District - East Champaran.
                                                                               ... ... Petitioners
                                                    Versus
                  Satya Narayan Paswan son of Late Basant Paswan resident of village P.O. -
                  Kadamwa, P.S. Ghorasahan, District - East Champaran.
                                                                             ... ... Respondent
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       None
                  For the Respondent/s   :       Mr. Prateek Tandon, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

4    09-01-2025                 On repeated calls, none appears for the petitioners.

                    However, learned counsel for the respondent is present.

                                02. On 03.01.2025, the following order was passed:

                                         “Record being taken up on mentioning
                                   being made on behalf of the respondent.
                                         2. None appears for the petitioners.
                                         3. List this matter on 09.01.2025 at 10:30
                                   AM.”


                                 03. It seems the petitioners have lost interest in their

                    case. Hence, the present petition is dismissed for non-

                    prosecution.



                                                    (Arun Kumar Jha, J)
Ashish/-

U

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Prateek Tandon