Patna High Court

Kamal SinghversusMost. Lali Devi

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 appellant, Kamal Singh, filed a second appeal (No.115 of 1992) against Nagina Harijan. The appellant failed to appear before the court on two scheduled dates, 11-12-2025 and 08-01-2026, despite repeated calls. No counsel represented the appellant on either occasion. Upon reviewing the record, the court noted the appellant's non‑appearance and dismissed the appeal for default. The dismissal was made under Order XLI Rule 17 of the Code of Civil Procedure.

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 — s. Order XLI Rule 17

Subjects

civil procedure
default judgment
appeal
non‑appearance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         SECOND APPEAL No.115 of 1992
                  ======================================================
                  Kamal Singh, Son of Late Jagdeo Singh, Resident of Village Manan Dihara,
                  P.S. Itarhi, District Bhojpur at present District - Buxar.

                                                                                   ... ... Appellant/s
                                                        Versus
                  Nagina Harijan, Son of late Sheo Bardhan Ram, Resident of Village - Manan
                  Dihara, P.S. Itarhi, District - Bhojpur, at present District- Buxar.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        None
                  For the Respondent/s    :        Mr. Prasoon Sinha, Sr. Advocate
                                                   Mr. Prabhat Kumar, Advocate
               ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

15   22-01-2026                  On two dates i.e., on 11.12.2025 and 08.01.2026,

                    nobody appears on behalf of the learned counsel for the

                    appellant.

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

                    second appeal is of the year 1992 and the appellant is not

                    appearing since two dates and even today, on repeated calls, no

                    one appears on behalf of the appellant, 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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