Patna High Court

Girja DeviversusMahendra Singh

Decided: 3 April 2026
Disposal: ALLOWED
Bench: S B P SINGH

Holding

The application was dismissed for default due to the petitioner's non‑appearance.

Summary

The petitioner, Girja Devi, filed an application before the Patna High Court. No counsel appeared on behalf of the petitioner, and the petitioner herself was absent. The respondents were represented by senior counsel Mr. Ajay Kumar Sinha and other advocates. The court noted the absence of the petitioner and the lack of representation. Consequently, the court dismissed the application on the ground of default. The order was pronounced by Justice Anil Kumar Sinha.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for a hearing?

Subjects

default judgment
civil procedure
non‑appearance
application dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.184 of 2021
                  ======================================================
                  Girja Devi W/o - Ashok Kumar Singh @ Ashok Kumar D/o - Late Binda
                  Kuar @ Binda Singh, Resident of village - Ami Karmuwaripatti, P.O. Ami,
                  P.S. Awatarnagar, District- Saran, At present r/o village - Sarnarayan, P.O.
                  Saraiya, P.S. Dariapur, District- Saran.

                                                                             ... ... Petitioner/s
                                                       Versus
            1.    Mahendra Singh S/o - Late Amika Kuar, r/o village - Sarnarayan, P.O.
                  Saraiya, P.S. Dariapur, District- Saran.
            2.    Tapeshwar Singh S/o - Shri Hardeo Singh R/o vill - Sarnarayan, P.O.
                  Saraiya, P.S. Dariyapur, District- Saran.
            3.    Kameshwar Singh S/o - Late Amika Kuar R/o vill - Sarnarayan, P.O.
                  Saraiya, P.S. Dariyapur, District- Saran.
            4.    Baleshwar Singh s/o - Late Brahamdeo Kuar R/o vill - Sarnarayan, P.O.
                  Saraiya, P.S. Dariyapur, District- Saran.
            5.    Satrudhan Singh S/o - Late Brahamdeo Kuar R/o vill - Sarnarayan, P.O.
                  Saraiya, P.S. Dariyapur, District- Saran.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     None.
                  For the Respondent/s   :     Mr. Ajay Kumar Sinha, Sr. Advocate
                                               Mr. Pravin Kumar, Advocate
                                               Miss Minu Kumari, Advoccate.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

5    17-10-2022                  No one appears for the petitioner.

                                 Mr. Ajay Kumar Sinha, learned senior counsel for the

                    respondent is present.

                                 Accordingly, this application is dismissed for default.



                                                                 (Anil Kumar Sinha, J)
S.Ali/-

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