Patna High Court
Sri Nath JhaversusRajeshwar Singh
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- R P MISHRA
Holding
The appeal is dismissed for non‑prosecution.
Summary
The appellants, Sri Nath Jha and Rita Jha, filed First Appeal No.77 of 2019 before the Patna High Court. The court had earlier ordered them to rectify procedural defects, specifically to pay a deficit court fee of Rs.49,950, and granted them multiple extensions to do so. Despite these extensions, the appellants failed to comply and did not appear before the bench on the scheduled date. The court observed that the appellants had lost interest in pursuing the matter. Accordingly, the appeal was dismissed for non‑prosecution.
Issues considered
- Whether an appeal may be dismissed for non‑prosecution when the appellant fails to remove procedural defects despite multiple extensions
- Whether the court can proceed to dismiss the appeal in the absence of the appellant's representation
Subjects
- civil procedure
- non-prosecution
- court fee
- procedural defect
- appeal dismissal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.77 of 2019
======================================================
1. Sri Nath Jha S/o Late Kashi Nath Jha R/o 4, G.M. Road Opposite ICICI
Bank, P.S.-Town, District-Darbhanga
2. Rita Jha W/o Sri Nath Jha R/o 4, G.M. Road Opposite ICICI Bank, P.S.-
Town, District-Darbhanga
... ... Appellant/s
Versus
1. Rajeshwar Singh Son of Late Rajkumar Subheshwar Singh R/o Rambagh
Palace, P.S.-L.N.M.U. Campus, Anchal-Sadar, District-Darbhanga
2. Kapileshwar Singh Son of Late Rajkumar Subheshwar Singh R/o Rambagh
Palace, P.S.-L.N.M.U. Campus, Anchal-Sadar, District-Darbhanga
3. Shiv Kumar Jha S/o Nabo Narayan Jha R/o Raj Kumarganj, P.S. Town,
District-Darbhanga, Permanent resident of Village and Post-Mahatha, P.S.-
Ladania, District-Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : Mr.Sanjay Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
12 28-04-2026 On 17.03.2026, the following order was passed:
“Vide order dated 05.08.2025, appellant
was granted last chance to remove the defect/s as
pointed out by the office but the said defect/s have
not yet been removed.
2. Today, since the matter is listed for the
first time before this Bench, once again in the
interest of justice, last chance is being given to the
learned counsel for the appellant to remove the
Patna High Court FA No.77 of 2019(12) dt.28-04-2026
2/2
defect/s as pointed out by the office.
3. List this case on 28.04.2026.”
2. On 05.08.2025, the appellants were granted four
weeks’ time to remove the defect(s), as pointed out by the
office, as a last chance. Thereafter, vide order dated 17.03.2026,
the appellants were again granted further time to remove the
defect(s), as pointed out by the office.
3. Perused the office notes dated 27.04.2026. It
appears that last chance was given to the learned counsel for the
appellants for removing the defect(s), as pointed out by the
office, i.e. to file deficit court fee of Rs. 49,950/- only as pointed
out vide further stamp report defect dated 05.03.2025, but the
same has not been filed as yet.
4. Today, none appears on behalf of the Appellants.
It appears that Appellants have lost interest in pursuing the
matter.
5. In view of the above, the present Appeal is
dismissed for non-prosecution.
(Rudra Prakash Mishra, J)
manish/-
U
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