Patna High Court
Chandradeep TiwariversusRam Lakhan Pandey
- Decided
- Disposal
- D.F.D. FOR NON APPEARANCE
- Bench
- RAMESH CHAND MALVIYA
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
- Code of Civil Procedure, 1908 — s. Order XLI Rule 17
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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