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Patna High Court

Asim Raja @ Md. Asim Raza @ RajaversusMd. Wasim Akhtar Parwez

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The civil revision application is dismissed for failure to comply with the earlier court order.

Summary

Asim Raja filed a civil revision application against Md. Wasim Akhtar Parwez and Rukhana Khatoon. No counsel appeared for either side on 5 May 2026. The High Court noted that the petitioner’s counsel had not complied with the court’s order dated 16 January 2026 despite several opportunities. Consequently, the court dismissed the civil revision application for non‑compliance. The court also directed that the trial court records, if any, be sent to the concerned court immediately. The order underscores that failure to obey procedural directions can lead to dismissal of the proceeding.

Issues considered

  • Whether non‑compliance with a prior court order warrants dismissal of a civil revision application

Subjects

  • civil revision
  • non‑compliance
  • procedural default
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVISION No.2 of 2021
                  ======================================================
                  Asim Raja @ Md. Asim Raza @ Raja, Male, aged about 47 years, Son of
                  Mustaque, resident of Line Bazar, Purnea, P.O. and Police Station- K. Hat,
                  District - Purnea.
                                                                               ... ... Petitioner/s
                                                    Versus
            1.     Md. Wasim Akhtar Parwez, Son of Late Hasibur Rahman, resident of
                   Ashyana Colony, Police Station- K. Hat, P.O. and District - Purnea.
            2.     Rukhana Khatoon, Wife of Md. Wasim Akhtar Parwez, resident of Ashyana
                   Colony, Police Station- K. Hat, P.O. and District - Purnea.
                                                                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        None
                  For the Respondent/s   :        None
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

8   05-05-2026                  Nobody appears on behalf of both the parties.

                                2. From perusal of the Office notes dated 22.04.2026,

                    it appears that vide Court’s order dated 16.01.2026 has not been

                    complied by learned counsel for the petitioner in spite of several

                    opportunities have been given to him as yet, so in view of the

                    above facts, this Civil Revision Application No. 2 of 2021 is

                    dismissed for non compliance of order dated 16.01.2026.

                                3. Office is directed to send the trial Court records to

                    the Court concerned, if any, at once.

                                                            (Ramesh Chand Malviya, J)

Anand Kr.

U


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