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Patna High Court

Mahabir Prasad SinghversusMadhya Bihar Gramin Bank and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for default and non‑prosecution due to the petitioner’s failure to appear.

Summary

Mahabir Prasad Singh filed a writ petition against Madhya Bihar Gramin Bank and others. The petitioner failed to appear before the court on the scheduled date of 06.01.2026, and despite a further adjournment to 07.01.2026, the petitioner again did not appear. The court noted the lack of representation and, as a matter of procedural rule, dismissed the writ petition for default and non‑prosecution. No substantive merits of the petition were considered. The dismissal was pronounced by Justice G. Anupama Chakravarthy.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear for hearing in a writ petition?

Subjects

  • default judgment
  • civil writ jurisdiction
  • non‑prosecution
  • procedural default

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19295 of 2013
                  ======================================================
                  Mahabir Prasad Singh

                                                                                ... ... Petitioner/s
                                                 Versus
                  Madhya Bihar Gramin Bank and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None
                  For the Respondent/s     :     Mr.Mahesh Narayan Parbat
                                                 Mr. Sureh Pd. Singh, No. 1, Adv.
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                                 ORAL ORDER

7    07-01-2026                     There was no representation for the

                    petitioner on 06.01.2026 and the matter was

                    directed to be listed today, i.e., 07.01.2026 as a

                    last indulgence. In spite of it, today also, 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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