Patna High Court

MOSTT.SANTI DEVIversusJANAKI SARAN GUPTA

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 appellant filed a second appeal in 1991 but failed to appear before the court on multiple scheduled dates in 2025. No counsel represented the appellant despite repeated notices. The court examined the record and noted the appellant’s continued absence. Applying Order XLI Rule 17 of the Code of Civil Procedure, the court held that the appeal could be dismissed for default. Consequently, the appeal was dismissed without hearing on the merits.

Issues considered

Whether the second appeal should be dismissed for default due to the appellant's non‑appearance?

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLI Rule 17

Subjects

default judgment
civil procedure
appeal dismissal
non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     SECOND APPEAL No.194 of 1991
                  ======================================================
                  Mostt. Santi Devi Dinha, Widow of Late Ganesh Dayal Singh, resident of
                  Mohalla- Gandhi Chowk, P.O. Chapra, P.S. Chapra Town, District- Saran.

                                                                   ... ...Plaintiff/s Appellant/s
                                                    Versus
                  Janaki Saran Gupta, Son of Late Salik Ram, resident of Mohalla- Gandhi
                  Chowk, P.O. Chapra, P.S. Chapra Town, District- Saran.

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

18   29-01-2026                 On several dates i.e., on 25.09.2025, 09.10.2025,

                    10.11.2025 and 15.12.2025, 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 1991 and the appellant is absented

                    since last four dates and even today on repeated calls, nobody

                    appears on behalf of the appellant 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.

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