Patna High Court
DAMARI MAHTOversusSHANKAR MAHTO
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The appeal was dismissed for non‑compliance with the peremptory order.
Summary
On 12 December 2025 the High Court directed the appellant, Damari Mahto, to file a jointness petition, issuing a peremptory order to that effect. The appellant failed to comply with this directive. Consequently, the Court recorded that the appellant’s non‑compliance resulted in the dismissal of the matter on 9 January 2026. The order was entered by Justice Rajiv Roy after hearing the parties on 1 May 2026. The dismissal stands as the final disposition of the appeal.
Issues considered
- Whether the appellant's failure to file the jointness petition as directed warrants dismissal of the appeal?
Subjects
- civil procedure
- peremptory order
- non‑compliance
- dismissal
- jointness petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.810 of 1976
======================================================
DAMARI MAHTO
... ... Appellant/s
Versus
SHANKAR MAHTO
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Parma Nand Sharan Singh, Advocate
For the Respondent/s : Mr.Naresh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
32 01-05-2026 Heard the parties.
2. In this case, on 12.12.2025, the appellant was
directed to file jointness petition and the same was a peremptory
order.
3. Since the appellant has not complied the
peremptory order, the same stood dismissed on 09.01.2026.
4. Perused the file, consigned.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…