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Patna High Court

Harendra SinghversusBirendra Pandey

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 appellants, including Shail Kuar and her children, filed a first appeal in 2010 before the Patna High Court. Over several scheduled dates in 2025, no counsel or representative appeared on behalf of the appellants. The court noted the repeated non-appearance despite repeated calls. Upon reviewing the record, the court found that the appellants had failed to prosecute the appeal. Consequently, the court dismissed the appeal for default pursuant to Order XLI Rule 17 of the Code of Civil Procedure. The dismissal was pronounced by Justice Ramesh Chand Malviya. No substantive merits of the underlying dispute were addressed.

Issues considered

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

Legislation cited

Subjects

  • default judgment
  • civil procedure
  • appeal dismissal
  • order XLI rule 17

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.209 of 2010
                 ======================================================
            1.1. Shail Kuar Wife of Late Harendra Singh, Resident of village- Bariyarpur,
                  P.O. Gamhariya, P.S. Pachrukhi, District- Siwan.
            1.2. Rajan Kumar, Son of Late Harendra Singh, Resident of village- Bariyarpur,
                 P.O. Gamhariya, P.S. Pachrukhi, District- Siwan.
            1.3. Nilesh Kumar, Minor Son of Late Harendra Singh, under Guardianship of
                 his mother namely Shail Kuar. Resident of village- Bariyarpur, P.O.
                 Gamhariya, P.S. Pachrukhi, District- Siwan.
            1.4. Priti Kumari, Minor Daughter of Late Harendra Singh, under Guardianship
                 of her mother namely Shail Kuar. Resident of village- Bariyarpur, P.O.
                 Gamhariya, P.S. Pachrukhi, District- Siwan.
            2.    Nagendra Singh @ Nagendra Kr. Singh, Son of Late Paras Singh, Resident
                  of village- Bariyarpur, P.O. Gamhariya, P.S. - Pachrukhi, District- Siwan.

                                                                            ... ... Appellant/s
                                                      Versus
            1.    Birendra Pandey, Son of Tun Tun Pandey, Resident of village - Ukhai, Purab
                  Patti, P.O - Ukhai, P.S. Pachrukhi, District- Siwan.
            2.    Champa Devi, Wife of Late Ramji Ojha, Resident of Village- Bariyarpur,
                  P.O.- Gamhariya, P.S. Pachrukhi, District- Siwan.
                                                …………………….. Plaintiffs /Respondents
            3.    Dewanti Devi, Daughter of Late Ramji Ojha, Resident of village- Bariyarpur
                  P.O. Gamhariya, P.S. Panchrukhi, District- Siwan.
            4.    Maheshwar Ojha, Son of Laxami Narayan Ojha, Resident of village-
                  Bariyarpur P.O. Gamhariya, P.S. Panchrukhi, District- Siwan.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      None
                  For the Respondent/s   :      Dr. Ranjeet Kumar, Advocate
                                                Ms. Lakshmi Kumari, Advocate
                                                Mr. Rajnish Prakash, Advocate
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

12   10-02-2026                 On several dates, i.e., on 18.09.2025, 18.11.2025,

                    08.12.2025 and 23.12.2025, nobody appears on behalf of the

                    learned counsel for the appellants.

                                2. On perusal of the records, it appears that this first
            Patna High Court FA No.209 of 2010(12) dt.10-02-2026
                                                         2/2




                      appeal is of the year 2010 and the appellants are absented from

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

                      on behalf of the appellants, so in this 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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