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Patna High Court

Lalji SahversusRam Parikha Sah

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 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

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
                                                         2/2




                      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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