Patna High Court

Uday Shankar PrasadversusSuresh Prasad

Decided: 2 February 2026
Disposal: REJECTED
Bench: S B P SINGH

Holding

The application was dismissed due to non‑prosecution.

Summary

The petitioner, Uday Shankar Prasad, filed an application before the Patna High Court against three respondents. No counsel appeared on behalf of the petitioner, and no further prosecution of the application was undertaken. The court noted the absence of any representation or steps to advance the matter. Consequently, the judge dismissed the application on the ground of non-prosecution. The dismissal was ordered without any substantive consideration of the merits.

Issues considered

Whether an application can be dismissed for lack of prosecution when the petitioner fails to appear before the court

Subjects

civil procedure
dismissal
non‑prosecution
high court
jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL MISCELLANEOUS JURISDICTION No.495 of 2022
                   ======================================================
                   Uday Shankar Prasad Son of Suryadev Narayan Resident of Ambey Dharm
                   Kanta, Mohanpur, Samastipur, Bihar- 848101.

                                                                              ... ... Petitioner/s
                                                    Versus
             1.    Suresh Prasad Son of Late Shyam Narayan Prasad Resident of Mauze-
                   Nikashpur Nesphi, Pragana- Saraisa, District- Samastipur, Bihar.
             2.    Anand Khemka @ Amar Khemka Son of Om Prakash Khemka Resident of
                   Mohalla- Arya Samaj Road, Near Purani Post Office, Samastipur, District-
                   Samastipur, Bihar. At present- Ply Factory, Village- Mohanpur, beside U.N.
                   Palace, Vivah Bhawan, Musarigharari Road, Samastipur, Bihar.
             3.    Manju Sinha Wife of Binay Kumar Sinha Resident of Mauzey- Kashipur,
                   Ward No. 14 under Town- Samastipur, Pragana- Saraisa, District-
                   Samastipur, Bihar.

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       None
                   For the Respondent/s   :
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

2     09-11-2022                 No one appears for the petitioner.

                                 The application stands dismissed due to non-

                     prosecution.



                                              (Anil Kumar Sinha, J)
praful/-

U

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