Patna High Court
Shri Sheo Dyal PrasadversusState Bank of India
- 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, 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
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