Patna High Court
MOST.KESHRI DEVIversusLAXMI DEVI
- Decided
- 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 appellant, Keshari Devi, filed a first appeal (No. 80 of 1985) before the Patna High Court against the respondent, Laxmi Devi. Over several scheduled dates (02-09-2024, 30-09-2024, 11-11-2024, 31-03-2026) no counsel appeared on behalf of the appellant, and the appellant herself was absent. The court observed that the appellant had evidently lost interest in pursuing the appeal. Relying on Order XLI Rule 17 of the Code of Civil Procedure, the court dismissed the appeal for default. The judgment was delivered by Justice Ramesh Chand Malviya on 20‑04‑2026.
Issues considered
- Whether the appeal should be dismissed for default due to the appellant's 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
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.80 of 1985
======================================================
Mosst. Keshari Devi, Widow of Late Sheodhari Singh, Resident of Village-
Dallu Chak, P.O. & P.S. Khagaul, District- Patna.
... ... Appellant/s
Versus
Laxmi Devi, Wife of Sri Sheo Sharan Singh, Resident of Village-Bahadurpur,
P.O. & P.S. Phulwari, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
19 20-04-2026 Nobody appears on behalf of both the parties.
2. On several dates i.e., on 02.09.2024, 30.09.2024,
11.11.2024 and 31.03.2026, nobody appears on behalf of the
learned counsel for the appellant.
3. On perusal of the records, it appears that this First
Appeal is of the year 1985 and the appellant is absented from
four consecutive dates and even today, on repeated calls, nobody
appears on behalf of the appellant to press this application.
4. In view of the above circumstances, it appears that
the appellant has lost her interest to contest the present First
Appeal No. 80 of 1985.
Patna High Court FA No.80 of 1985(19) dt.20-04-2026
2/2
5. Accordingly, the present First Appeal No. 80 of
1985 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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