Patna High Court
Harendra SinghversusBirendra Pandey
- Decided
- 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 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
- Code of Civil Procedure — s. Order XLI Rule 17
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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