Patna High Court
Sukumal Kumar Ghosh @ Sukamal Kumar GhoshversusThe State of Bihar
- Decided
- Disposal
- D.F.D. FOR NON APPEARANCE
- Bench
- RAMESH CHAND MALVIYA
Holding
The application is dismissed for non‑prosecution under Order XLI Rule 17 of the CPC.
Summary
The petitioners, two senior brothers, filed a civil revision (C.R. No.1 of 2022) before the Patna High Court challenging certain actions of the State of Bihar and education officials. The petition was scheduled for hearing on 08‑12‑2025 and 05‑01‑2026, but no counsel appeared on either date despite repeated notices. The court noted the persistent non‑appearance of learned counsel for the petitioners. Under Order XLI Rule 17 of the Code of Civil Procedure, a suit or application may be dismissed for non‑prosecution when the plaintiff fails to pursue the case. Consequently, the court dismissed the civil revision application for non‑prosecution. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the civil revision application can be dismissed for non‑prosecution under Order XLI Rule 17 of the Code of Civil Procedure
- Whether the failure of counsel to appear constitutes abandonment of the petition
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XLI Rule 17
Subjects
- Civil Procedure
- Non‑prosecution
- Revision
- Order XLI Rule 17
- Dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVISION No.1 of 2022
======================================================
1. Sukumal Kumar Ghosh @ Sukamal Kumar Ghosh, Male, aged about 74
years.
2. Som Nath Ghosh, Male, aged about 70 years.
Both Sons of Late Samrendra Nath Ghosh, Both Resident of Madhepura,
Ward No.20, P.O., P.S. and District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Madhepura.
2. The Collector, Madhepura, At P.O. and P.S. and District - Madhepura. (In the
capacity of Chairman, District Establishment Committee and Controller of
Primary and Middle School of the District- Madhepura).
3. The Director of Education, Bihar, Patna.
4. The District Education Officer, Madhepura.
5. The Head Mistress, Girl Middle School, Madhepura, at Madhepura, Ward
No.20, P.S. and District- Madhepura.
……………. Defendants-Appellants-opposite parties 1 set
6. Tapan Kumar Ghosh @ Swapan Kumar Ghosh, Male, aged about 72 years,
Son of Late Samrendra Nath Ghosh, Resident of Madhepura, Ward No.20,
P.O., P.S. and District- Madhepura.
7. Smt. Deepali Ghosh, Female, aged about 82 years, Wife of Sri C.N. Mandal
and Daughter of Late Samrendra Nath Ghosh, Resident of Asansol West,
Urbarak Garden, P.S. and District- Bardhman (West Bengal).
8. Smt. Sophali Roy, Female, aged about 80 years, Wife of Sri Sameer Roy,
Resident of Durgapur, P.S.- Durgapur, District- Bardhman (West Bengal).
... ...Plaintiffs- Respondents- Opposite parties 2nd Set
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
9 27-01-2026 On two consecutive dates i.e., on 08.12.2025 and
05.01.2026, nobody appears on behalf of the learned counsel for
the petitioners and even today, on repeated calls, nobody
appears on behalf of learned counsel for the petitioners.
Patna High Court C.R. No.1 of 2022(9) dt.27-01-2026
2/2
2. Accordingly, this Civil Revision Application is
dismissed for non-prosecution under Order XLI Rule 17 of the
Code of Civil Procedure.
(Ramesh Chand Malviya, J)
Anand Kr.
U
Checking your session…