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Patna High Court

M/s Mahalaxmi Construction Through Its Proprietor Sri Rajiv Ranjan KumarversusThe State Of Bihar and Ors

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The civil revision is dismissed for default due to the petitioner's failure to appear.

Summary

M/s Mahalaxmi Construction filed a civil revision in 2016 against the State of Bihar and several officials of the Rural Works Department. The petitioner failed to appear in court on multiple dates and repeatedly sought adjournments. No counsel represented the petitioner during the hearing on 5 February 2026. The court examined the record and noted the petitioner’s continued absence. Consequently, the court dismissed the civil revision for default. The order was pronounced by Justice Ramesh Chand Malviya.

Issues considered

  • What is the appropriate consequence when a petitioner repeatedly fails to appear and seek adjournments in a civil revision proceeding?

Subjects

  • default judgment
  • civil revision
  • non-appearance
  • procedural law
  • adjournment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVISION No.282 of 2016
                  ======================================================
                  M/s Mahalaxmi Construction through its Proprietor Sri Rajiv Ranjan Kumar,
                  aged about 40 years, Son of Sri Vidya Sagar Singh, Resident of Mohalla -
                  Saheb Colony, Gourakshni P.O. - Sasaram, P.S.- Town Thana, Sasaram,
                  District- Rohtas, Bihar.

                                                                            ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through its Principal Secretary, Rural Works Department,
                  Government of Bihar, Vishesvaraya Bhawan, Patna.
            2.    The Secretary, Rural Works Department, Government of Bihar Vishesvaraya
                  Bhawan Patna.
            3.    The Engineer-in-Chief - I, 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
                  Gourakshani, Sasaram, Rohtas.
            6.    The Assistant Engineer, Rural Works Department Works Division - II,
                  Gourakshani, Sasaram, Rohtas.
            7.    The Junior Engineer, Rural Works Department Work Division- II,
                  Gourakshani, Sasaram, Rohtas.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     None
                  For the Respondent/s   :     Mr. Manish Kumar, AC to Ex. AAG 6
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

13   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

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

                    last several dates and taking regular adjournments and even
            Patna High Court C.R. No.282 of 2016(13) dt.05-02-2026
                                                         2/2




                      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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