Patna High Court

STATE THRU.COLLECTOR,VAISHALIversusSHREE DINANATH SINGH

Decided: 9 February 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: RAMESH CHAND MALVIYA

Holding

A second appeal may be dismissed for default when the appellants fail to appear despite repeated notices, pursuant to Order XLI Rule 17 of the CPC.

Summary

The State of Bihar, represented by the Collector of Vaishali and officials of the Gandak Project, filed a second appeal in 1993 against Shree Dinanath Singh. The appellants failed to appear before the High Court on multiple scheduled dates, including 29 June 2022, 8 December 2025, and 12 January 2026. The Court noted that despite repeated notices, no counsel or party appeared on behalf of the appellants. Upon reviewing the record, the Court observed that the appeal had been pending for over three decades with continuous non‑appearance. Consequently, the Court exercised its power under Order XLI Rule 17 of the Code of Civil Procedure to dismiss the appeal for default. The judgment was delivered by Justice Ramesh Chand Malviya.

Issues considered

Whether a second appeal can be dismissed for default due to the appellants' failure to appear before the Court?

Subjects

civil procedure
default judgment
appeal dismissal
Order XLI Rule 17
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        SECOND APPEAL No.13 of 1993
                  ======================================================
                  1. The State of Bihar through the Collector, Vaishali.
                  2. The Chief Engineer, Irrigation Departmnet of Gandak project, Muzaffar[ir.
                  3. The Superintending Engineer, Tirhut Canal Circle, Gandak Project,
                  Muzaffarpur.
                  4. The Executive Engineer, Tirhut Canal Division, Gandak Project, Hajipur,
                  Vaishali.
                                                                                ... ... Appellant/s
                                                      Versus
                  Shree Dinanath Singh, Son of Late Ram Chandra Singh of Mohalla Rajendre
                  Chauk, P.S. Hajipur, District- Vaishali at present resident of Pokhra Mohalla
                  Town, P.O. & P.S. Hajipur, District-Vaishali.
                                                            ... ... Respondent/s Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        None
                  For the Respondent/s   :        None
               ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

15   09-02-2026                 On several dates, i.e., on 29.06.2022, 08.12.2025,

                    and 12.01.2026, nobody appears on behalf of the learned

                    counsel for the appellants.

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

                    second appeal is of the year 1993 and the appellants are

                    absented from several dates and even today, on repeated calls,

                    nobody appears on behalf of the appellants, so in this

                    circumstances, this second appeal is dismissed for default under

                    Order XLI Rule 17 of the Code of Civil Procedure.


                                                             (Ramesh Chand Malviya, J)
Anand Kr.

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