Created by Fuzzy Cloud

Patna High Court

Shri Sheo Dyal PrasadversusState Bank of India

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, three individuals from East Champaran, filed a first appeal (No. 499 of 1981) against the State Bank of India and three other respondents. No counsel appeared on behalf of the appellants on the scheduled hearing dates of 16‑03‑2026 and 20‑04‑2026, nor on the date of the oral order. The court observed that the appellants had evidently lost interest in pursuing the appeal. Consequently, the Patna High Court dismissed the appeal for default under Order XLI Rule 17 of the Code of Civil Procedure. The dismissal was recorded in an oral order dated 04‑05‑2026.

Legislation cited

Subjects

  • default judgment
  • civil procedure
  • appeal dismissed
  • non‑appearance
  • Order XLI Rule 17

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.499 of 1981
                  ======================================================
            1.     Shri Sheo Dyal Prasad Son of Ram Sewak Mahto Resident of Village-
                   Nanhkar, P.S.- Madhuban, District- East Champaran.
            2.    Shri Gyanchand Pd. Son of Ram Sevak Mahto Resident of Village- Nanhkar,
                  P.S.- Madhuban, District- East Champaran.
            3.    Shri Gopalji Prasad, Son of Ram Sewak Mahto Resident of Village-
                  Nanhkar, P.S.- Madhuban, District- East Champaran.

                                                                            ... ... Appellant/s
                                                      Versus
            1.    State Bank of India a Bank constituted under the State Bank of India, Act
                  1955, having its Central Office at Bombay, a Local Head Office at Patna and
                  Branches All Over India including one at Motihari through Shri R.B.
                  Pandey, Branch Manager, A.D. Branch, Motihari, P.O. and P.S.- Motihari,
                  District- East Champaran.
            2.    Shri Basudeo Singh, Son of Nathu Singh Resident of Village- Narha
                  Panapur, P.S.- Madhuban, District- East Champaran.
            3.    Shri Yogi Singh, Son of Nathu Singh Resident of Village- Narha Panapur,
                  P.S.- Madhuban, District- East Champaran.
            4.    Shri Bhagya Narain Singh, Son of Nathu Singh Resident of Village- Narha
                  Panapur, P.S.- Madhuban, District- East Champaran.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s           :      None
                  For the State Bank of India   :      Mr. Anjani Kumar Mishra, Advocate
                                                       Mr. Sanjeev Kumar, Advocate
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

18   04-05-2026                  Nobody appears on behalf of the learned counsel for

                    the appellants. Learned counsel for the respondents-Bank is

                    present.

                                 2. On two dates i.e., on 16.03.2026 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.499 of 1981(18) dt.04-05-2026
                                                         2/2




                      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. 499 of 1981.

                                   5. Accordingly, the present First Appeal No. 499 of

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

                      Code of Civil Procedure.


                                                                   (Ramesh Chand Malviya, J)

Anand Kr.

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.