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Patna High Court

Most. lalliaversusHarihar Singh

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 petitioners filed a First Appeal (No. 73 of 1981) in the Patna High Court but failed to appear before the court on multiple dates, including 26.03.2026 and 20.04.2026, despite repeated notices. The court observed that the appellants had effectively abandoned the appeal, showing no interest in pursuing the matter. The matter was examined solely on the record, and no counsel appeared for either side. The court applied Order XLI Rule 17 of the Code of Civil Procedure, which provides for dismissal of an appeal for default when the appellant does not appear. Consequently, the appeal was dismissed for default.

Issues considered

  • Whether an appeal may be dismissed for default when the appellant fails to appear before the court despite notice?

Legislation cited

Subjects

  • default judgment
  • civil procedure
  • appeal
  • non-appearance
  • order XLI rule 17

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           FIRST APPEAL No.73 of 1981
     ======================================================
1.    Most. Lallia W/o late Faudar Singh, Resident of Village and P.O. Surwal
     Pargana Bara, P.S. and Distt. Siwan.
2.   Sudarshan Singh Son of late Faudar Singh, Resident of Village and P.O.
     Surwal Pargana Bara, P.S. and Distt. Siwan.
3.1. Panmati Devi Wife of Late Paras Singh, Resident of Village - Surwal
     Pargana Bara, P.S. and District- Siwan.
3.2. Pintu Prasad Son of Late Paras Singh, Resident of Village - Surwal Pargana
     Bara, P.S. and District- Siwan.
3.3. Mantosh Kumar Son of Late Paras Singh, Resident of Village - Surwal
     Pargana Bara, P.S. and District- Siwan.
3.4. Sima Devi D/o late Paras Singh, Resident of Village - Surwal Pargana Bara,
     P.S. and District- Siwan.
4.   Suresh Singh Son of late Faudar Singh, Resident of Village and P.O. Surwal
     Pargana Bara, P.S. and Distt. Siwan.
5.   Babui Ramavati D/o late Faudar Singh, Resident of Village and P.O. Surwal
     Pargana Bara, P.S. and Distt. Siwan.

                                                           ... ... Appellant/s
                                    Versus
1.1. Bhagwan Singh Son of late Harihar Singh, Resident of Village and P.O. -
     Surwal Pargana - Bara, P.S. and District- Siwan.
1.2. Sita Ram Singh Son of Late Harihar Singh, Resident of Village and P.O. -
     Surwal Pargana - Bara, P.S. and District- Siwan.
1.3. Ugia Devi D/o Late Harihar Singh, Resident of Village and P.O. - Surwal
     Pargana - Bara, P.S. and District- Siwan.
1.4. Sudeshari Devi D/o late Harihar Singh, Resident of Village and P.O. -
     Surwal Pargana - Bara, P.S. and District- Siwan.
1.5. Sugia Devi D/o late Harihar Singh, W/o Sital Singh, Resident of Village -
     Bhangara, P.S. - Gautam Budh Nagar, District- Siwan.
2.1. Ram Pujan Singh Son of late Narsingh Singh, Resident of Village and P.O.
     Surwal Pargana Bara, P.S. and Distt. Siwan.
2.2. Most. Deokalia Devi W/o late Deo Pujan Singh and daughter in law of Late
     Narsingh Singh, Resident of Village and P.O. Surwal Pargana Bara, P.S. and
     Distt. Siwan.
Patna High Court FA No.73 of 1981(47) dt.04-05-2026
                                             2/4




  3.1. Most. Lachmania W/o late Makhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  3.2. Ram Barai Singh Son of Late Mokhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  3.3. Banshi Lal Singh Son of Late Mokhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  3.4. Baban Singh Son of late Mokhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  3.5. Madan Singh Son of late Mokhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  3.6. Arbind Singh Son of Late Mokhtar Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  4.1. Raj Kishore Singh Son of Late Jagdish Singh, Resident of Vilage - Surwal
        Pargana Baram, P.S. and District- Siwan.
  4.2. Vijay Singh Son of Late Jagdish Singh, Resident of Village - Surwal Pargana
        Baram, P.S. and District- Siwan.
  4.3. Kunti Devi D/o Late Jagdish Singh, Resident of Village - Surwal Pargana
        Bara P.S. and District- Siwan.
  4.4. Sunani Devi D/o late Jagdish Singh, Resident of Village - Surwal Pargana
        Bara, P.S. and District- Siwan.
  5.    Smt. Sheo Kumari Devi D/o late Parva Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  6.    Smt. Shyam Sundari Devi D/o late Parva Singh, Resident of Village and P.O.
        Surwal Pargana Bara, P.S. and Distt. Siwan.
  7.1. Most. Sitami W/o late Nihora Singh, Resident of Village and P.O. Surwal
        Pargana Bara, P.S. and Distt. - Siwan.
  7.2. Thakur Singh (Minor) Son of late Nihora Singh, Under the Guardianship of
        his mother, the natural guardian who has no interest adverse to that of her
        Minor son, Resident of Village and P.O. Surwal Pargana Bara, P.S. and Distt.
        - Siwan.
  7.3. Most. Ekami W/o Bipat Singh, Village Nathunapur, P.S. Gautam Budh
        Nagar, Distt. - Siwan.
  7.4. Smt. Uma Devi W/o Budhu Singh Village Sadarpur, P.S. Sarharia, Distt. -
        Siwan.
  7.5. Smt. Dujia W/o Baliram Singh, D/o Late Nihora Singh, Village Nizampur,
        P.S. Gautam Budh Nagar, Distt. - Siwan.
          Patna High Court FA No.73 of 1981(47) dt.04-05-2026
                                                       3/4




            8.    Rajeshwar Singh S/o Ramdutt Singh, Resident of Village and P.O. Surwal
                  Pargana Bara, P.S. and Distt. Siwan.
            9.    Nageshwar Singh S/o Ramdutt Singh, Resident of Village and P.O. Surwal
                  Pargana Bara, P.S. and Distt. Siwan.
            10. Govind Raut S/o late Budhan Raut, Resident of Village and P.O. Surwal
                  Pargana Bara, P.S. and Distt. Siwan.
            11. Smt. Daswatia W/o Sheodhari Singh, D/o late Dular Singh, Resident of
                  Village Pakari Pargana Bara, P.S. and District- Siwan.
            12. Braham Singh Bisun Singh, Village Majhwalia, P.S. and Distt. - Siwan.
            1.
            12. Smt. Gayatri D/o Bisun Singh, Village Majhwalia, P.S. and Distt. - Siwan.
            2.
            13. Smt. Sanmatia W/o Late Ramawtar Singh, D/o Late Ram Dhari Singh,
                  Resident of Village Pokhali, Pargana Bara, P.S. Maharajganj, District-
                  Siwan.
            14. Smt. Sanwarsi W/o late Chhathu Singh, D/o Late Ram Dhari Singh,
                  Resident of Village Tarwara District Siwan.
            15. Smt. Sawaria W/o late Mathura Singh, D/o Late Ram Dhari Singh, Resident
                  of Village Wasilpur, Pargana Barai, P.S. Barhariya District Siwan. present
                  resident of Village Surwal, Pargna Bara, P.S. and District Siwan.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :        None
                  For the Respondent/s     :        None
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

47   04-05-2026                  Nobody appears on behalf of both the parties.

                                 2. On two dates i.e., on 26.03.2026 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

                    Appeal is of the year 1981 and the appellants are absented from
            Patna High Court FA No.73 of 1981(47) dt.04-05-2026
                                                         4/4




                      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. 73 of 1981.

                                   5. Accordingly, the present First Appeal No. 73 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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