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Patna High Court

Sri Nath JhaversusRajeshwar Singh

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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