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Patna High Court

Bharti Kishor KrishnaversusThe Life Insurance Corporation Of India and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for default and non‑prosecution.

Summary

The petitioner, Bharti Kishor Krishna, filed a civil writ petition before the Patna High Court. The court noted that the petitioner failed to appear or be represented on multiple scheduled dates (26-10-2024, 02-12-2024, and again on 07-01-2026). Despite a prior order granting a final indulgence to list the matter on 07-01-2026, the petitioner still had no representation. The court therefore dismissed the writ petition on the grounds of default and non‑prosecution. No substantive merits of the petition were considered.

Issues considered

  • What is the appropriate consequence when a petitioner repeatedly fails to appear or be represented in a civil writ proceeding?

Subjects

  • default
  • non‑prosecution
  • civil writ jurisdiction
  • representation
  • patna high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16366 of 2013
                  ======================================================
                  Bharti Kishor Krishna

                                                                            ... ... Petitioner/s
                                                    Versus
                  The Life Insurance Corporation Of India and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr.Sanjeev Kumar Mishra, Adv.
                                                Mr. Nilanjan Chaterjee, Adv.
                                                Mr. Ujjwal Raj, Adv.
                                                Mr. Sahil Kr. Adv.
                                                Mr. Anirvan Choudhari, Adv.
                                                Mr. Jyoti Prakash, Adv.
                  For the Respondent/s   :      Mr.Raj Dular Sah
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                  CHAKRAVARTHY
                                        ORAL ORDER

10   07-01-2026                   1. This Court passed a detailed order on

                    06.01.2026 which reads as follows:-

                                                          1.     There          was       no
                                             representation on behalf of the
                                             petitioner on 26.10.2024, and the
                                             matter was directed to be listed on
                                             02.12.2024. However, there was
                                             again no representation for the
                                             petitioner    on       02.12.2024.       Even
                                             today, there is no representation
                                             for the petitioner.
                                                          2. As a last indulgence,
                                             list on 07.01.2026.


                                  2. In spite of the said order, today also
           Patna High Court CWJC No.16366 of 2013(10) dt.07-01-2026
                                                      2/2




                    there is no representation for the petitioner.

                    Therefore, the Writ petition is dismissed for default

                    and for non-prosecution.



                                       (G. Anupama Chakravarthy, J)
amitkr/-

U


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