Patna High Court
Shree Ram SinghversusRam Kishore Singh
- Decided
- Disposal
- D.F.D. FOR NON APPEARANCE
- Bench
- RAMESH CHAND MALVIYA
Holding
An appeal filed without representation and a vakalatnama, after a prolonged lapse, must be dismissed for default under Order XLI Rule 17 of the CPC.
Summary
The appellants filed a First Appeal (No. 690 of 1977) in the Patna High Court many decades after the original decree, with the matter being listed on 23 April 2026. No counsel appeared on behalf of the appellants and a vakalatnama had not been filed, indicating a lack of representation. The respondent was represented by Advocate Santosh Kr. Sinha. The court examined the records and noted that despite repeated notices, the appellants showed no interest in pursuing the appeal. Relying on Order XLI Rule 17 of the Code of Civil Procedure, the court held that the appeal could not proceed and was dismissed for default. The dismissal effectively upheld the lower court’s decision as the appeal was not pursued. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether a First Appeal filed after a long lapse and without a vakalatnama can be entertained.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XLI Rule 17
Subjects
- default judgment
- civil procedure
- appeal dismissal
- vakalatnama
- order XLI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.690 of 1977
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1.1. Smt. Chandmuni Devi wife of Shree Kishun Rai, Village Kat, Police Station
Barahmpur, District-Bhojpur.
1.2. Smt. Taramuni Devi, widow of Kedar Nath Singh, Chandpali, Police
Station-Dumraon, District-Bhojpur.
1.3. Smt. Hulsa Devi, wife of Sheo Nath Singh, Village Chandpali, Police
Station-Dumraon, District Bhojpur.
1.4. Smt. Akla Devi, wife of Nathuni Prasad Singh, Village-Semra, Police
Station Barahmpur, District Bhojpur.
2. Kamta Prasad Singh, Son of Shree Ram Singh, resident of Village Jogibir,
Police Station-Behea, District-Bhojpur.
3. Raghubar Dayal Singh, S/o Kamta Singh, resident of Village Jogibir, Police
Station-Behea, District-Bhojpur.
4. Din Dayal Singh, son of Kamta Singh, resident of Village Jogibir, Police
Station-Behea, District-Bhojpur.
5. Sudama Singh, Son of Kamta Singh, resident of Village Jogibir, Police
Station-Behea, District-Bhojpur.
... ... Appellant/s
Versus
1. Ram Kishore Singh son of Jangali Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
2. Kalika Prasad Singh, Son of Ram Kishore, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
3. Pashupati Nath Singh, son of Ram Kishore Singh, resident of Village-
Jogibir, Pargana and Thana-Behea, District-Bhojpur.
4. Hareram Singh, son of Kalika Prasad Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
5. Ambika Singh, Son of Kesho Singh, resident of Village-Jogibir, Pargana and
Thana-Behea, District-Bhojpur.
6. Dhanraj Singh, Son of Ambika Singh, resident of Village-Jogibir, Pargana
and Thana-Behea, District-Bhojpur.
8. Brahma Dayal Singh, son of Late Ram Gobind Singh, resident of Village-
Jogibir, Pargana and Thana-Behea, District-Bhojpur.
9. Sheo Dayal Singh, son of Late Ram Gobind Singh, resident of Village-
Jogibir, Pargana and Thana-Behea, District-Bhojpur.
10. Siaram Singh, son of Late Ram Gobind Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
11. Mosst. Reshma Kuer, W/o Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
12. Gopal Singh, son of Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
Patna High Court FA No.690 of 1977(87) dt.23-04-2026
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13. Ramnath Singh, son of Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
14. Deonath Singh, son of Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
15. Gopinath Singh, son of Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
16. Panchu Singh, son of Chandramani Singh, resident of Village-Jogibir,
Pargana and Thana-Behea, District-Bhojpur.
17. Lalu Singh, son of Sitaram Singh, resident of Village-Jogibir, Pargana and
Thana-Behea, District-Bhojpur.
19. Baban Yadav son of Late Bal Chhari Yadav, resident of Village- Police
1. Station-Behea, District-Bhojpur.
19. Kapil Yadav, son of Late Bal Chhari Yadav, resident of Village- Police
2. Station-Behea, District-Bhojpur.
19. Akhilesh Yadav, son of Late Bal Chhari Yadav, resident of Village- Police
3. Station-Behea, District-Bhojpur.
19. Sheo Kumari, daughter of Late Bal Chhari Yadav, resident of Village- Police
4. Station-Behea, District-Bhojpur.
20. Raj Narain Yadav, son of Tari Yadav, resident of Village-Jogibir, Pargana and
Thana-Behea, District-Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : Mr. Santosh Kr. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
87 23-04-2026 Nobody appears on behalf of learned counsel for the
appellants.
2. From perusal of the office notes dated 24.04.2026,
it appears that learned counsel for the appellants has not filed
the Vakalatnama as yet.
3. On perusal of the records, it also appears that this
First Appeal is of the year 1977 and even today, on repeated
calls, nobody appears on behalf of the appellants to press this
Patna High Court FA No.690 of 1977(87) dt.23-04-2026
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application, so the appellants have lost their interest to contest
the present First Appeal No. 690 of 1977.
4. Accordingly, the present First Appeal No. 690 of
1977 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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