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Patna High Court

Mahesh Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The petition is dismissed for default due to the petitioner’s failure to appear.

Summary

The petitioner filed Civil Revision No.195 of 2018 against the State of Bihar and several officials of the Road Construction Department. The petitioner failed to appear before the Patna High Court on two scheduled dates, 24 February 2026 and 30 March 2026, despite repeated notices. The court examined the record and noted the petitioner’s continued absence. Consequently, the court exercised its power to dismiss the revision petition for default. No substantive merits of the case were considered, and the petition was dismissed without any order on the underlying dispute.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear on scheduled dates in a civil revision proceeding?

Subjects

  • default judgment
  • civil revision
  • non-appearance
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CIVIL REVISION No.195 of 2018
                 ======================================================
                 Mahesh Kumar Singh, Son of Late Bharat Singh Resident of Village + P.O.-
                 Kalpa, P.S.-Jehanabad, District-Jehanabad.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Road Construction
                 Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.
           2.    The Principal Secretary, Road Construction Department, Vishweshwaraiya
                 Bhawan, Bailey Road, Patna-15.
           3.    The      Engineer-in-chief-cum-Additional    Commissioner-cum-Special
                 Secretary, Road Construction Department Vishweshwaraiya Bhawan, Bailey
                 Road, Patna-15.
           4.    The Chief Engineer (North Wing) Road Construction Department,
                 Vishweshwaraiya Bhawan, Bailey Road, Patna-15.
           5.    The Superintending Engineer, Road Construction Department, Jehanabad
                 Circle, Jehanabad.
           6.    Executive Engineer, Road Construction Department, Road Division,
                 Jehanabad.
           7.    The Divisional Accounts Officer D.A.O., Road Division, Jehanabad.
           8.    Assistant Engineer, Road Construction Department, Road Sub Division,
                 Jehanabad.
           9.    Junior Engineer, Road Construction Department, Road Sub Division,
                 Jehanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None
                 For the State          :       Mr. Swapnil Kumar Singh, AC to GP 19
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

5   06-04-2026                   On two dates i.e., on 24.02.2026 and 30.03.2026,

                   nobody appears on behalf of the petitioner and even today, on

                   repeated calls, nobody appears on behalf of the petitioner.

                                 2. On perusal of the records, it appears that this Civil

                   Revision is of the year 2018 and the petitioner is absented for

                   two dates and even today, on repeated calls, nobody appears on
            Patna High Court C.R. No.195 of 2018(5) dt.06-04-2026
                                                         2/2




                      behalf of the petitioner, so in the above circumstances, this Civil

                      Revision is dismissed for default.


                                                                    (Ramesh Chand Malviya, J)

Anand Kr.

U


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