Patna High Court

KEDAR PASWANversusFUSHAN PASWAN

Decided: 29 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 appellants filed a second appeal (No.185 of 1991) in the Patna High Court, which was scheduled for hearing on several dates in 2025 and 2026. Despite repeated notices, no counsel appeared on behalf of the appellants on any of the scheduled dates. The court examined the record and noted the continuous absence of the appellants. Consequently, the court applied Order XLI Rule 17 of the Code of Civil Procedure, which provides for dismissal of a suit for default when the parties fail to appear. The appeal was therefore dismissed for default. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether the second appeal should be dismissed for default due to the appellants' 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

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  SECOND APPEAL No.185 of 1991
                  ======================================================
                  1. Kedar Paswan
                  2. Jagdeo Paswan, Both Sons of Jualal Paswan (deceased).
                  3. Jibachh Paswan, Son of Late anandi Paswan.
                  4. Ram Sewak Paswan, Son of Kedar Paswan.
                  5. Ram Badan Paswan, Son of Kedar Paswan.
                  6. Shib Shankar Paswan, Son of Kedar Paswan.
                  All resident of Village- Pastapar, P.S. and Anchal Mahishi, District- Saharsa


                                                        ... ..Defendant-1st Party ----. Appellant/s
                                                      Versus
                  1. Fushan Paswan, Son of Kanak Paswan, resident of Village- Pastapar, P.S.
                  and Anchal Mahishi, District- Saharsa.
                                                                          ------Plaintiff 1st Party
                  2. Rajendra Paswan, Son of Siri Paswan.
                  3. Kali Paswan, Son of Siri Paswan.
                  4. Kanak Paswan, Son of Banshi Paswan.
                  All are residents of village-Pastpar, P.S. and Anchal Mahishi, District-Saharsa.


                                                         ... ... Defendant 2nd Party / Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       None
                  For the Respondent/s   :       None
               ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

12   29-01-2026                  On several dates i.e., on 18.09.2025, 23.09.2025,

                    10.11.2025 and 15.12.2025, 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 1991 and the appellants are
            Patna High Court SA No.185 of 1991(12) dt.29-01-2026
                                                         2/2




                      absented since last four dates and even today on repeated calls,

                      nobody appears on behalf of the appellants to press this

                      application, 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.

U

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