Patna High Court
Lalji SahversusRam Parikha Sah
- 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 filed a first appeal (No. 434 of 1982) in the Patna High Court but failed to appear before the court on two scheduled dates, 31 March 2026 and 20 April 2026, and also did not appear on the day of the oral order. The court noted that despite repeated calls, no counsel or party represented the appellants, indicating a loss of interest in pursuing the appeal. The matter was examined solely on the record, and the court considered the procedural rule governing defaults. Relying on Order XLI Rule 17 of the Code of Civil Procedure, the court held that an appeal can be dismissed for default when the parties do not appear. Consequently, the appeal was dismissed for default. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether a first appeal may be dismissed for default when the appellants fail to appear before the court on scheduled dates
Legislation cited
- Code of Civil Procedure — 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.434 of 1982
======================================================
1.1. Prabhawati Devi D/o Late Lalji Sah (deceased) Resident of Village Orma
Mukund, P.S. Siwan, Muffasil, District- Siwan.
1.2. Suryamukhi Devi D/o Late Lalji Sah, (deceased) Resident of Village Orma
Mukund, P.S. Siwan, Muffasil, District- Siwan.
1.3. Shanti Devi D/o Late Lalji Sah, Resident of Village Orma Mukund, P.S.
Siwan, Muffasil, District- Siwan.
2. Ramashray Sah Son of Lalji Sah, Resident of Village - Orma Mukund, P.S.
Siwan Muffassil, District- Siwan.
3. Hira Lal Sah Son of lalji Sah, Resident of Village - Orma Mukund, P.S.
Siwan Muffassil, District- Siwan.
... ... Appellant/s
Versus
1. Ram Parikha Sah S/o Ramjivan Sah (deceased) Resident of Village - Orma
Mukund, P.S. Siwan Muffassil, District- Siwan.
2.1. Ramdulari Devi W/o Late Rameshwar Prasad, Resident of village Chapia
Bujurg, Police Station Hussainganj, District- Siwan.
2.2. Jai Prakash Prasad Son of Late Rameshwar Prasad, Resident of village
Chapia Bujurg, Police Station Hussainganj, District- Siwan.
2.3. Omprakash Prasad Son of Late Rameshwar Prasad, Resident of village
Chapia Bujurg, Police Station Hussainganj, District- Siwan.
2.4. Uday Prasad Son of Late Rameshwar Prasad, Resident of village Chapia
Bujurg, Police Station Hussainganj, District- Siwan.
2.5. Basanti Devi D/o Late Rameshwar Prasad, Resident of village Chapia
Bujurg, Police Station Hussainganj, District- Siwan.
2.6. Shila Devi D/o Late Rameshwar Prasad, Resident of village Chapia Bujurg,
Police Station Hussainganj, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
30 04-05-2026 Nobody appears on behalf of both the parties.
2. On two dates i.e., on 31.03.2026 and 20.04.2026,
nobody appears on behalf of the learned counsel for the
Patna High Court FA No.434 of 1982(30) dt.04-05-2026
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appellants.
3. On perusal of the records, it appears that this First
Appeal is of the year 1982 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. 434 of 1982.
5. Accordingly, the present First Appeal No. 434 of
1982 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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