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Patna High Court

Asarfi ChoudharyversusJagarnath Choudhary

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, 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

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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