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Patna High Court

M/s Bharat Construction Through Its Proprietor Md. Jamil AnsariversusThe State Of Bihar and Ors

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The petition is dismissed for default because the petitioner failed to appear despite repeated notices.

Summary

M/s Bharat Construction, through its proprietor Md. Jamil Ansari, filed Civil Revision No. 275 of 2016 against several officials of the Bihar Rural Works Department. The petition was repeatedly adjourned as the petitioner failed to appear before the Patna High Court. On multiple occasions, the court called for the petitioner's counsel, but no representation was made. The court noted the petitioner’s continued absence and the pattern of taking regular adjournments. Consequently, the court dismissed the revision petition for default.

Issues considered

  • Whether a civil revision petition can be dismissed for default due to the petitioner's failure to appear before the court.

Subjects

  • civil procedure
  • default judgment
  • revision petition
  • non-appearance
  • Patna High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CIVIL REVISION No.275 of 2016
                  ======================================================
                  M/s Bharat Construction through its Proprietor Md. Jamil Ansari, aged about
                  34 years, Son of Late Md. Yahiya Ansari, resident of Latif Market,
                  Chawkhandi, P.O.- Sasaram, District- Rohtas, Bihar.


                                                                               ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar through its Principal Secretary Rural Works Department,
                  Government of Bihar, Visheshvaraya Bhawan, Patna.
            2.    The     Secretary,     Rural   Works    Department,   Government    of   Bihar,
                  Vishesvaraya Bhawan, Patna.
            3.    The Chief Engineer No. 1, Rural Works Department, Government of Bihar,
                  Vishesvaraya Bhawan, Patna.
            4.    The Superintending Engineer, Rural Works Department, Sasaram Circle,
                  Near old Railway Gumti (Fatak), Takiya, Sasaram, Rohtas.
            5.    The Executive Engineer, Rural Works Department, Works Division-II,
                  Gorakshani, Sasaram, Rohtas.
            6.    The Assistant Engineer, Rural Works Department, Works Division-II,
                  Gorakshani, Sasaram, Rohtas.
                                                                             ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Respondent/s     :       Mr. Ajay, GA 5
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

12   05-02-2026                   On previous several dates, either nobody is appearing

                    on behalf of the petitioner or taking regular adjournments 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.275 of 2016(12) dt.05-02-2026
                                                         2/2




                      Revision is of the year 2016 and the petitioner is absented for

                      last several dates and taking regular adjournments 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


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