Patna High Court

Ramdeni SharmaversusBaleshwar Sharma

Decided: 20 April 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: RAMESH CHAND MALVIYA

Holding

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

Summary

The appellant, Ramdeni Sharma, filed a first appeal in 1983 but failed to appear before the Patna High Court on multiple scheduled dates in 2023 and 2026. No counsel represented the appellant, and repeated notices went unanswered, indicating a loss of interest in pursuing the appeal. The court examined the record and noted the appellant's persistent absence. Applying Order XLI Rule 17 of the Code of Civil Procedure, the court concluded that the appeal could not proceed. Consequently, the appeal was dismissed for default.

Issues considered

Whether an appeal may be dismissed for default when the appellant fails to appear and no counsel is present.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLI Rule 17

Subjects

default judgment
civil procedure
appeal
non-appearance
order XLI rule 17

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            FIRST APPEAL No.116 of 1983
     ======================================================
     Ramdeni Sharma Son of Sampurn Sharma (deceased) Village Khorampur
     Thana Desari, District Vaishali at present residing at Sharma Fountain Pen
     Factory, Patna.
                                                                ... ... Appellant/s
                                        Versus
2.    Ramdahin Sharma Son of Sampurn Sharma, Village Khorampur Thana
      Desari, District Vaishali.
3.   Arun Sharma Son of Baleshwar Sharma, Village Khorampur Thana Desari,
     District Vaishali.
4.   Anil Sharma Son of Baleshwar Sharma, Village Khorampur Thana Desari,
     District Vaishali.
5.   Om Prakash Sharma Son of Baleshwar Sharma, Village Khorampur Thana
     Desari, District Vaishali.
7.   Chandra Sekhar Sharma Son of Ramdahin Sharma, Village Khorampur
     Thana Desari, District Vaishali.
8.   Raeshwar Sharma Son of Ramdahin Sharma, Village Khorampur Thana
     Desari, District Vaishali.
9.1. Nilam Kumari Sharma Wife of Raj Kumar Sharma, Village Khorampur P.O.
     - Chakma Gola, P.S. - Desari, District Vaishali at present C/o Shri Madan
     Mohan Sharma, resident of Anishabad, Opposite to Anishabad Post - Office,
     P.S. Gardanibagh, District- Patna.
9.2. Munna Son of Late Raj Kumar Sharma, Village Khorampur P.O. - Chakma
     Gola, P.S. - Desari, District Vaishali at present C/o Shri Madan Mohan
     Sharma, resident of Anishabad, Opposite to Anishabad Post - Office, P.S.
     Gardanibagh, District- Patna.
9.3. Munni D/o Late Raj Kumar Sharma, Village Khorampur P.O. - Chakma
     Gola, P.S. - Desari, District Vaishali at present C/o Shri Madan Mohan
     Sharma, resident of Anishabad, Opposite to Anishabad Post - Office, P.S.
     Gardanibagh, District- Patna.
10. Dilip Kumar Sharma @ Dilip Kumar Son of Ramdeni Sharma, Village
    Khorampur Thana Desari, District Vaishali at present residing at Sharma
    Fountain Pen Factory, Patna.
11. Pradeep Kumar Sharma Son of Ramdeni Sharma, Village Khorampur Thana
    Desari, District Vaishali at present residing at Sharma Fountain Pen Factory,
    Patna.
12. Devanand Sharma Son of Ramdeni Sharma, Village Khorampur Thana
     Desari, District Vaishali at present residing at Sharma Fountain Pen Factory,
     Patna.
                                                               ... ... Respondent/s
    ======================================================
     Appearance :
     For the Appellant/s    :      None
     For the Respondent/s   :      None
     ======================================================
            Patna High Court FA No.116 of 1983(26) dt.20-04-2026
                                                         2/2




                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

26   20-04-2026                    Nobody appears on behalf of both the parties.

                                   2. On several dates i.e., on 08.05.2023, 17.03.2026

                      and 26.03.2026, 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 1983 and the appellant is absented from

                      three 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. 116 of 1983.

                                   5. Accordingly, the present First Appeal No. 116 of

                      1983 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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