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Patna High Court

Chandradeep TiwariversusRam Lakhan Pandey

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

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

Summary

The petitioners filed a First Appeal (No.141 of 1976) in the Patna High Court seeking relief against the respondents. The appeal remained pending for decades and, despite notices dated 06-04-2026, none of the parties appeared before the Court. The Court observed that the appellants had lost interest in pursuing the matter. Consequently, the Court applied Order XLI, Rule 17 of the Code of Civil Procedure to dismiss the appeal for default. The judgment was delivered on 07-04-2026 by Justice Ramesh Chand Malviya, with no counsel appearing for either side.

Issues considered

  • Whether a First Appeal can be dismissed for default due to non-appearance of parties despite long delay

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        FIRST APPEAL No.141 of 1976
                 ======================================================
            1.1. Most. Dharachhan Kuer Widow of Late Chandradeep Tiwari Resident of
                  Village Saraon, P.S. Nasariganj, District- Rohtas.
            1.2. Bikaramaditya Tewary Son of late Chandradeep Tiwari, Resident of Village
                 Saraon, P.S. Nasariganj, District- Rohtas.
            1.3. Shanbhu Nath Tewary Son of Late Chandradeep Tiwari, Resident of Village
                 Saraon, P.S. Nasariganj, District- Rohtas.
            1.4. Haribansh Tewary Son of Late Chandradeep Tiwari, Resident of Village
                 Saraon, P.S. Nasariganj, District- Rohtas.
            1.5. Ashok Tewary Son of Late Chandradeep Tiwari, Resident of Village Saraon,
                 P.S. Nasariganj, District- Rohtas.
            1.6. Shrimati Sharda Devi D/o late Chandradip Tewary, W/o Rabindar Upadhya,
                 Resident of Village Saraon, P.S. Nasariganj, District- Rohtas.
            1.7. Shrimati Asha Devi D/o Late Chandradip Tewary, W/o Sharbanand Dubey
                 Resident of Village Bad, P.S. Garari, P.O. Bad, District Rohtas.

                                                                               ... ... Appellant/s
                                                    Versus
            1.    Ram Lakhan Pandey Son of Brahamdeo Pande, deceased. Resident of
                  Village Dihra Jhumar Pargana Siris, P.S. Baroon, District - Aurangabad.
            2.    Ram Narain Pandey Son of Brahamdeo Pande, deceased, Resident of Village
                  Dihra Jhumar Pargana Siris, P.S. Baroon, District - Aurangabad.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       None
                  For the Respondent/s   :       None
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

45   07-04-2026                 Nobody appears on behalf of both the parties.

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

                    Appeal is of the year 1976 and the appellants have not complied

                    with the office notes dated 06.04.2026 and even today, on

                    repeated calls, nobody appears on behalf of the appellants,

                    which shows that they have lost their interest in the present
            Patna High Court FA No.141 of 1976(45) dt.07-04-2026
                                                         2/2




                      appeal, so in the above circumstances, this First Appeal 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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