Patna High Court
Asarfi ChoudharyversusJagarnath Choudhary
- 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, Asarfi, Dinesh, and Ramesh Choudhary, filed a first appeal in 1978 against respondents including Bhagwati, Lachhuman, Ganesh, Birendra, Ravindra, Mahendra Choudhary and Lalti Kumari. No counsel appeared for either side, and despite an official notice dated 13-10-2025 directing the appellants to appear, they failed to do so. The court examined the record and noted the prolonged inactivity and lack of interest by the appellants. Consequently, the court held that the appeal could not proceed due to the appellants' default. The appeal was therefore dismissed under Order XLI Rule 17 of the Code of Civil Procedure.
Issues considered
- What is the appropriate consequence when appellants fail to appear and prosecute a civil appeal?
Legislation cited
- Code of Civil Procedure — s. Order XLI Rule 17
Subjects
- default judgment
- civil procedure
- appeal dismissal
- non-appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.724 of 1978
======================================================
1. Asarfi Choudhary Son of Jagdish Choudhary Resident of Village Gopalpur,
P.S.- Andar, District- Siwan.
2. Dinesh Choudhary, Son of Jagdish Choudhary Resident of Village Gopalpur,
P.S.- Andar, District- Siwan.
3. Ramesh Choudhary, Son of Late Jagdish Choudhary Resident of Village
Gopalpur, P.S.- Andar, District- Siwan.
... ... Appellant/s
Versus
2. Bhagwati Choudhary, Son of Jagarnath Choudhary Resident of Village
Gopalpur, P.S.- Andar, District- Siwan.
3. Lachhuman Choudhary, Son of Jagarnath Choudhary Resident of Village
Gopalpur, P.S.- Andar, District- Siwan.
4. Ganesh Choudhary, Son of Jagarnath Choudhary Resident of Village
Gopalpur, P.S.- Andar, District- Siwan.
6.1. Birendra Choudhary Son of Late Kanti Devi Resident of Village-
Bishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.
6.2. Ravindra Choudhary Son of Late Kanti Devi Resident of Village-
Bishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.
6.3. Mahendra Choudhary Son of Late Kanti Devi Resident of Village-
Bishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.
7. Lalti Kumari, W/o Yogendra Choudhary Resident of Village Gopalpur, P.S.-
Andar, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
33 09-07-2026 Nobody appears on behalf of both the parties.
2. On 13.10.2025, office is directed to send an official
notice to the appellants reminding and requiring them to appear
in this case but nobody appears on behalf of the appellants on
repeated calls.
Patna High Court FA No.724 of 1978(33) dt.09-07-2026
2/2
3. On perusal of the records, it appears that this First
Appeal is of the year 1978 and 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. 724 of 1978.
5. Accordingly, the present First Appeal No. 724 of
1978 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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