Patna High Court

Ram Chandra Rai and OrsversusMd. Tanveer Azam

Decided: 25 July 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ARUN KUMAR JHA S B P SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners, Ram Chandra Rai and others, filed a civil miscellaneous petition before the Patna High Court. No counsel appeared on their behalf at any stage, including the final hearing date. The court observed that the petitioners appeared to have lost interest in pursuing the case. Consequently, the court exercised its inherent power to dismiss a petition for non‑prosecution. The petition was therefore dismissed without any merits being considered.

Issues considered

Whether a civil petition may be dismissed for non‑prosecution when the petitioners fail to appear before the court

Subjects

civil procedure
non-prosecution
petition dismissal
court jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.2168 of 2017
                   ======================================================
              1.    Ram Chandra Rai S/o Late Bhola Rai,
              2.   Baiju Rai, S/o Late Sukhdev Rai.
              3.   Bhikhari Rai, S/o Late Sukhdev Rai. All are R/o Village- Patiyasha, P.O.-
                   Mirzapur, P.S.- Ahiyapur, Munsiffi, Muzaffarpur East, District- Muzaffarpur.

                                                                               ... ... Petitioner/s
                                                       Versus
                   Md. Tanveer Azam S/o Md. Amir Azam, R/o Village- Patiyasha, P.O.-
                   Mirzapur, P.S.- Ahiyapur, Munsiffi, Muzaffarpur East, District- Muzaffarpur.

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

3   25-07-2025                    On call, none appears on behalf of the petitioners.

                                 2. Perusal of record shows even on the last date of

                     hearing, no one appeared on behalf of the petitioners. It seems

                     the petitioners have lost interest in their case.

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

                     prosecution.



                                                     (Arun Kumar Jha, J)
balmukund/-

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