Patna High Court

Srimati Panmati DeviversusRaghunath Lal

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 appellant, Srimati Panmati Devi, filed a first appeal (No. 484 of 1981) in the Patna High Court. No counsel appeared for either party on multiple scheduled dates, including 26.03.2026 and 20.04.2026. The court observed that the appellant had effectively lost interest in pursuing the appeal. Consequently, the court applied Order XLI Rule 17 of the Code of Civil Procedure, which provides for dismissal of a suit or appeal for default when the plaintiff or appellant fails to appear. The appeal was therefore dismissed for default.

Issues considered

Whether a first appeal can be dismissed for default when the appellant fails to appear before the court.

Legislation cited

Code of Civil Procedure — s. Order XLI Rule 17

Subjects

default judgment
civil procedure
appeal dismissal
non‑appearance
Order XLI

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         FIRST APPEAL No.484 of 1981
     ======================================================
     Srimati Panmati Devi Wife of Shri Bachha Prasad and D/o Late Jugal Lal,
     Resident of Village Panditpur, P.O. Panditpur, P.s. Paharpur, at present
     resident of Village Saraiya Tola Chitha, P.S. Paharpur, District- East
     Champaran.

                                                              ... ... Appellant/s
                                         Versus
1.   Raghunath Lal Son of Late Jugal lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
2.   Vishwanath Lal Son of late Jugal Lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
3.   Madan Lal Son of Raghunath Lal, Resident of Village Saraiya, Tola Chitha,
     P.S. Paharpur, District- East Champaran.
4.   Binay Prasad Son of Raghunath Lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
5.   Vijay Prasad Son of Vishwanath Lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
6.   Ramesh Prasad Son of Vishwanath Lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
7.   Ravish Prasad Son of Vishwanath Lal, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
8.   Sakal Pandey Son of Dharichan Pandey, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
9.   Kishun Rai Son of Ram Prasad Rai, Resident of Village Saraiya, Tola
     Chitha, P.S. Paharpur, District- East Champaran.
10. Indrashan Raut Son of Benga Raut, Resident of Village Saraiya, Tola Chitha,
    P.S. Paharpur, District- East Champaran.
11. Bharat Lal Son of Dwarika Prasad, Village and P.O. Damodarpur, P.S.
    Govind Ganj, District- Champaran.
12. Subhash Prasad Son of Baidyanath Prasad, Resident of Village Dudhiawan,
    P.S. Paharpur, District- East Champaran.
13. Haridesh Prasad Son of Baidyanath Prasad, Resident of Village Dudhiawan,
    P.S. Paharpur, District- East Champaran.
14. Arjun Prasad Son of Baidyanath Prasad, Resident of Village Dudhiawan,
    P.S. Paharpur, District- East Champaran.
15. Arun Prasad Son of Baidyanath Prasad, Resident of Village Dudhiawan, P.S.
    Paharpur, District- East Champaran.
16. Smt. Savitri Devi Wife of Kedar Prasad, Resident of Village Dudhiawan,
    P.S. Paharpur, District- East Champaran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
            Patna High Court FA No.484 of 1981(30) dt.04-05-2026
                                                         2/2




                   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 26.03.2026 and 20.04.2026,

                      nobody appears on behalf of the learned counsel for the

                      appellant.

                                   3. On perusal of the records, it appears that this First

                      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 appellant to press this application.

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

                      the appellant has lost her interest to contest the present First

                      Appeal No. 484 of 1981.

                                   5. Accordingly, the present First Appeal No. 484 of

                      1981 is dismissed for default under Order XLI Rule 17 of the

                      Code of Civil Procedure.


                                                                   (Ramesh Chand Malviya, J)

Anand Kr.

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