Patna High Court

Lalan Yadav,versusChintamani Devi,

Decided: 8 May 2026
Disposal: DISMISSED
Bench: S B P SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

Lalan Yadav filed a civil miscellaneous petition before the Patna High Court. No counsel appeared on his behalf, and even on the final date he sought a further adjournment. The court observed that the petitioner appeared to have lost interest in pursuing the case. The issue before the court was whether the petition could be dismissed for non‑prosecution. Applying the principle that a suit or petition may be dismissed when the plaintiff fails to prosecute, the court dismissed the petition for non‑prosecution.

Issues considered

Whether the petition should be dismissed for non‑prosecution?

Subjects

civil procedure
non-prosecution
petition dismissal
high court
Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.1386 of 2019
                   ======================================================
                   Lalan Yadav, S/o Late Ishwar Dayal, r/o Mathiya Mohalla, P.S.- Town
                   (Buxar), District- Buxar.

                                                                        ... ... Petitioner/s
                                                  Versus
              1.   Chintamani Devi, W/o Late Ramjatan Singh, r/o Chottki Sarimpur, P.S.-
                   Town (Buxar), District- Buxar.
              2.   Sunil Kumar, S/o Ram Charitar Singh, R/o Village- Khedan Bigha, P.S.-
                   Islampur, Biharsarif, District- Nalanda.

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :     None
                   For the Respondent/s   :     Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

5   13-08-2024                   On call, none appears on behalf of the petitioner.

                     Perusal of record shows even on the last date time was sought

                     on behalf of the petitioner.

                                 2. It seems the petitioner has lost interest in his case.

                                 3. Accordingly, the instant petition is dismissed for

                     non-prosecution.



                                                    (Arun Kumar Jha, J)
balmukund/-

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