Created by Fuzzy Cloud

Patna High Court

Most. Shiv Dulari DeviversusRamagya Rai

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The revision petition is dismissed for default as the petitioner failed to appear despite repeated calls.

Summary

The petitioner, Shiv Dulari Devi, filed Civil Revision No.218 of 2019 in the Patna High Court. Hearings were scheduled on 13.03.2026, 31.03.2026 and 09.04.2026. On each date, no counsel or party appeared on behalf of the petitioner despite repeated calls. 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. The order was pronounced by Justice Ramesh Chand Malviya.

Issues considered

  • Whether a revision petition may be dismissed for default when the petitioner fails to appear before the court despite repeated notices?

Subjects

  • civil procedure
  • default judgment
  • revision
  • non-appearance
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVISION No.218 of 2019
                  ======================================================
                  Most. Shiv Dulari Devi, female, age-64 years, Wife of Late Nand Kishor
                  Singh Resident of Village and Post Office Ruphara, Police Station Chiraiya
                  and District East Champaran.

                                                                     ... ... Petitioner/s
                                                      Versus
            1.    Ramagya Rai Son of Ramdeni Rai Resident of Village and Post Office
                  Ruphara, P.S.- Chiraiya, District- East Champaran.
            2.1. Jai Kishor Rai, Son of Late Ramchandra Rai, Resident of Village and Post-
                 Ruphara, P.S.- Shikarganj, District- East Champaran.
            2.2. Sanjay Yadav, Son of Late Ramchandra Rai, Resident of Village and Post-
                 Ruphara, P.S.- Shikarganj, District- East Champaran.
            3.    Awadh Kishor Singh Son of Late Ram Eqbal Singh Resident of Village and
                  Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.
            4.    Chandra Bhushan Singh Son of Late Ram Eqbal Singh Resident of Village
                  and Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.
            5.    Sanjay Kumar Singh Son of Late Ram Eqbal Singh Resident of Village and
                  Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.
            6.    Subodh Kumar Singh Son of Late Ram Eqbal Singh Resident of Village and
                  Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.
            7.    Akhileshwar Singh Son of Late Shresth Narain Singh Resident of Village
                  and Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.
            8.    Raj Kishor Singh Son of Late Kailashpati Singh Resident of Village and
                  Post Office Ruphara, P.S.- Chiraiya, District- East Champaran.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     None
                  For the Respondent/s   :     None
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

28   09-04-2026                 On previous two dates, i.e., on 13.03.2026 and

                    31.03.2026 nobody appears on behalf of the learned counsel for

                    the petitioner and today also on repeated calls, nobody appears

                    on behalf of learned counsel for the petitioner.

                                2. On perusal of the records, it appears that this Civil
            Patna High Court C.R. No.218 of 2019(28) dt.09-04-2026
                                                         2/2




                      Revision is of the year 2019 and the petitioner is absented for

                      last two dates and even today, on repeated calls, nobody appears

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

                      Revision is dismissed for default.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.