Patna High Court

DURGA PRASAD and ANRversusTHE STATE OF BIHAR and ORS

Decided: 22 January 2026
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, Durga Prasad and Bashistha Prasad, filed a first appeal in 1995 against the State of Bihar and other respondents. The appeal remained pending for over three decades, with no appearance by the appellants' counsel on multiple dates in 2023, 2024, and 2026. The Court examined the record and noted the continuous non‑appearance of the appellants despite repeated notices. Under Order XLI Rule 17 of the Code of Civil Procedure, a suit or appeal may be dismissed for default when the parties fail to appear. Consequently, the Court dismissed the appeal for default. The order was pronounced by Justice Ramesh Chand Malviya.

Issues considered

Whether the appeal can be dismissed for default due to the appellants' failure to appear before the Court.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLI Rule 17

Subjects

default judgment
civil procedure
appeal dismissal
order XLI rule 17

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        FIRST APPEAL No.743 of 1995
                  ======================================================
                  1. Durga Prasad
                  2. Bashistha Prasad.
                     Both sons of Late Ram Singer Sah, Resident of village- Bhawal, P.O.
                     Bhawal, P.S. Ramnagar, District- West Champaran.
                                                                               ... ... Appellant/s
                                                      Versus
                  1. The state of Bihar
                  2. Shree Ram Shobit Paswan S.D.M. Bagha, West Champaran.
                  3. Shree Raghubans Narain Singh, Project Executive Officer, Ram Nagar,
                     District-West Champaran.
                  4. Bishwanath Prasad, Son of Late Ram Singar Sah of village Bhawal, P.O.
                     Bhawal, District-West Champaran.
                                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       None
                  For the Respondent/s   :       None
               ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

15   22-01-2026                 On several dates i.e., on 17.04.2023, 04.07.2024, and

                    08.01.2026, nobody appears on behalf of the learned counsel for

                    the appellants.

                                2. On perusal of the records, it appears that this first

                    appeal is of the year 1995 and the appellants are not appearing

                    since 2023 and even today, on repeated calls, no one appears on

                    behalf of the appellants, so in this circumstances, this first

                    appeal 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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