Patna High Court

Laljhari DeviversusGangajali Devi

Decided: 4 May 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 appellants, Laljhari Devi and Parasnath Singh, filed a first appeal (No. 365 of 1981) in the Patna High Court against a large group of respondents. The court scheduled hearings on 6 April 2026 and 20 April 2026, but no counsel appeared on behalf of the appellants on either date, nor on the subsequent hearing. Repeated calls to the appellants were ignored, leading the court to infer that they had lost interest in pursuing the appeal. The court examined whether, under Order XLI Rule 17 of the Code of Civil Procedure, an appeal may be dismissed for such default. It concluded that the appellants’ failure to appear constituted a default and therefore dismissed the appeal. The order underscores the procedural requirement that an appellant must actively prosecute the appeal or face dismissal.

Issues considered

Whether the appeal can be dismissed for default due to the non‑appearance of the appellant’s counsel under Order XLI Rule 17 of the Code of Civil Procedure?

Legislation cited

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

Subjects

default judgment
civil procedure
appeal dismissal
non-appearance
Order XLI Rule 17

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           FIRST APPEAL No.365 of 1981
     ======================================================
1.    Laljhari Devi Wife of Kamaldeo Singh, Resident of Village Kauria, P.O.
      Kauria, Police Station Basantpur, Presently At and P.O. Hariharpur lalgarh,
      Police Station Barharia, District- Siwan.
2.   Parasnath Singh Son of Kamaldeo Singh, Resident of Village Kauria, P.O.
     Kauria, Police Station Basantpur, Presently At and P.O. Hariharpur lalgarh,
     Police Station Barharia, District- Siwan.

                                                                 ... ... Appellant/s
                                        Versus
1.   Gangajali Devi Wife of Mansi Singh, Presently Resident of Village -
     Hariharpur Lalgarh, P.O. Lalgarh, Police Station - Barharia, District- Siwan.
2.   Mahadeo Singh Son of Mansi Singh, At and P.O. Hariharpur Lalgarh, Police
     Station - Barharia, District- Siwan.
3.   Sahdeo Singh Son of Mansi Singh, At and P.O. Hariharpur Lalgarh, Police
     Station - Barharia, District- Siwan.
4.   Nagina Singh Son of Mansi Singh, At and P.O. Hariharpur Lalgarh, Police
     Station - Barharia, District- Siwan.
5.   Ram Kishun Singh Son of Mansi Singh, At and P.O. Hariharpur Lalgarh,
     Police Station - Barharia, District- Siwan.
6.   Satyadeo Singh @ Sat deo Singh, Son of Lakshuman Singh, Resident of
     Village Kauria, P.O. Kauria, Police Station - Basantpur, District- Siwan.
7.   Dhruw Singh Son of lakshuman Singh, Resident of Village Kauria, P.O.
     Kauria, Police Station - Basantpur, District- Siwan.
8.   Ram Autar Singh Son of Kawaldhari Singh, Resident of Village Hariharpur
     Lalgarh, Police Station Barharia, District- Siwan.
9.   Ekbali Singh Son of Kawaldhari Singh, Resident of Village Hariharpur
     Lalgarh, Police Station Barharia, District- Siwan.
10. Manbharna Kuer @ Manlakha Kuer Wife of Ram Singh, Resident of Village
    Hariharpur Lalgarh, Polst Office Hariharpur lalgarh, Police Station Barharia,
    District- Siwan.
11. Soshila Devi Wife of Bharat Singh, Resident of Village Hariharpur Lalgarh,
    Polst Office Hariharpur lalgarh, Police Station Barharia, District- Siwan.
12. Akshaywar Singh Son of Raja Singh, Resident of Village Hariharpur
    Lalgarh, Polst Office Hariharpur lalgarh, Police Station Barharia, District-
    Siwan.
13. Dharmnath Singh Son of Rangila Singh, Resident of Village Hariharpur
    Lalgarh, Polst Office Hariharpur lalgarh, Police Station Barharia, District-
    Siwan.
14. Mostt. Pankuer Devi Wife of Rangila Singh, Resident of Village Hariharpur
    Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
    Siwan.
15. Lalpari Devi Wife of Janardan Singh, D/o Late Sagar Singh, Resident of
          Patna High Court FA No.365 of 1981(16) dt.04-05-2026
                                                       2/3




            1.    Village Siari, P.s. Mirganj District Gopalganj at present resident of Village
                  Hariharpur Lalgarh, P.S. Barharia, District- Siwan.
            16. Ganga Singh Son of Radha Kishun Singh, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            17. Laldeo Singh Son of Chandrika Singh, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            18. Sharda Devi Wife of Jainarayan Rai, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            19. Kalawati Devi Wife of Satyanarayan Rai, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            20. Phulehra Devi Wife of Mukhram Singh, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            21. Gangdeo Singh Son of Suruj Singh, Resident of Village Hariharpur Lalgarh,
                Polst Office Hariharpur Lalgarh, Police Station Barharia, District- Siwan.
            22. Ramagya Singh Son of Baldeo Singh, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.
            23. Jaleshwar Singh Son of Hardeo Singh, Resident of Village Hariharpur
                Lalgarh, Polst Office Hariharpur Lalgarh, Police Station Barharia, District-
                Siwan.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :        None
                  For the Respondent/s     :        Mr. Uday S.Sharan Singh, Advocate
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

16   04-05-2026                  Nobody appears on behalf of the appellants whereas

                    learned counsel for the respondents is present.

                                 2. On two dates i.e., on 06.04.2026 and 20.04.2026,

                    nobody appears on behalf of the learned counsel for the

                    appellants.

                                 3. On perusal of the records, it appears that this First
            Patna High Court FA No.365 of 1981(16) dt.04-05-2026
                                                         3/3




                      Appeal is of the year 1981 and the appellants are absented from

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

                      behalf of the appellants to press this application.

                                   4. In view of the above circumstances, it appears that

                      the appellants have lost their interest to contest the present First

                      Appeal No. 365 of 1981.

                                   5. Accordingly, the present First Appeal No. 365 of

                      1981 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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