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Patna High Court

United India Fire and General Insurance Company Unit Union Co-operativeversusThe Bihar State Electricity Board

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The appeal is dismissed for default under Order XLI Rule 17 of the Code of Civil Procedure.

Summary

The appellant, United India Fire and General Insurance Company, failed to appear before the Patna High Court on multiple dates, including the scheduled hearing on 16-06-2026. The court noted that the appeal, originally filed in 1993, had seen no representation for the appellant despite repeated notices. It was observed that the appellant had effectively lost interest in pursuing the appeal. Consequently, the court applied Order XLI Rule 17 of the Code of Civil Procedure, which provides for dismissal for default when a party does not appear. The appeal was therefore dismissed for default.

Issues considered

  • Whether the appeal should be dismissed for default due to the appellant's failure to appear before the court.

Legislation cited

Subjects

  • default judgment
  • appeal dismissal
  • civil procedure
  • non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        FIRST APPEAL No.114 of 1993
                  ======================================================
                  United India Fire and General Insurance Company Unit Union Co-operative
                  with its office at Union Co-operative Insurance Building-23, Sir P.N. Road,
                  Fort, Post Box No. 102, Bombay-1, now merged with United India Insurance
                  Co. Ltd. 24 Whites Road, Madras through its Assistant Manager Mr. M.K.
                  Sinha, Chanakya Commercial Complex, 3rd Floor, R. Block under P.S.
                  Kotwali, District-Patna.

                                                                            ... ... Appellant/s
                                                     Versus
            1.    The Bihar State Electricity Board through its Chairman, Vidyut Bhawan,
                  Bailey Road, P.S. Kotwali, District-Patna.
            2.    M/s Bhilai Construction Company P.B. No. 23, Madhya Pradesh, through
                  Sri S.K. Jain, one of the partners of the firm.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s          :      None
                  For the Respondent No. 1     :      Mr. Vivek Prasad, SC
                                                      Mr. Pratiyush Kumar, AC to SC
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

30   16-06-2026                  Nobody appears on behalf of the appellant.

                                 2. On two dates i.e., on 07.02.2011 and 30.03.2026,

                    nobody appears on behalf of the learned counsel for the

                    appellant.

                                 3. On perusal of the records, it appears that this First

                    Appeal is of the year 1993 and the appellant is absented from

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

                    behalf of the appellant to press this application.

                                 4. In view of the above circumstances, it appears that

                    the appellant has lost his interest to contest the present First

                    Appeal No. 114 of 1993.
            Patna High Court FA No.114 of 1993(30) dt.16-06-2026
                                                         2/2




                                   5. Accordingly, the present First Appeal No. 114 of

                      1993 is dismissed for default under Order XLI Rule 17 of the

                      Code of Civil Procedure.


                                                                   (Ramesh Chand Malviya, J)

Anand Kr.

U


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