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Patna High Court

Khobhari SahversusDharo Devi

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The appeal is dismissed for default under Order XLI Rule 17 of the Code of Civil Procedure.

Summary

The petition is a second appeal filed in 1991 (SA No.206 of 1991) before the Patna High Court. The appellants failed to appear on two scheduled dates (30.04.2026 and 11.05.2026) and no counsel represented them despite repeated notices. The court inferred that the appellants had lost interest in pursuing the appeal. Consequently, the court applied Order XLI Rule 17 of the Code of Civil Procedure, which provides for dismissal of a suit or appeal for default when the parties do not appear. The appeal was therefore dismissed for default.

Issues considered

  • Whether a second appeal may be dismissed for default when the appellants fail to appear before the court?

Legislation cited

Subjects

  • default judgment
  • civil procedure
  • appeal
  • non-appearance
  • order XLI rule 17

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      SECOND APPEAL No.206 of 1991
                  ======================================================
            1.     Khobhari Sah Son of Doma Sah (deceased), Resident of Village - Muriyar,
                   Nawadih Tola, Post Office Muriyar, Police Station - Dehri, Pragana -
                   Sasaram, Distt. Rohtas.
            2.    Shyam Sunder Sah Son of Khobhari Sah, Resident of Village - Muriyar,
                  Nawadih Tola, Post Office Muriyar, Police Station - Dehri, Pragana -
                  Sasaram, Distt. Rohtas.

                                                                           ... ... Appellant/s
                                                  Versus
            2.    Raj Kumari Devi Wife of Lallan Sah, Resident of Village - Nawadih, Police
                  Station - Nokha, Distt. Rohtas.
            3.    Kaushalya Devi Wife of jai Ram Prasad Gupta, Resident of Village - Rajan
                  Dih, P.S. Rajpur, Distt. Rohtas.
            5.    Parmania D/o jagdish, Wife of Ram Prasad Sah, Resident of Village -
                  Majhiwan, Police Station - Nokha, Distt. Rohtas.
            6.    Raj Muni Devi D/o Jagdish and Wife of Laljee Prasad, Resident of Village -
                  Gohi, P.S. Dehri, Distt. Rohtas.
            7.    Narain Sah Son of Subhag Sah (deceased), Resident of Village - Muriyar
                  Nawadih Tola, Post Office - Muriyar (Now Gamaharia), P.S. - Dehri (Now
                  Akorhi) Distt. - Rohtas.
            8.    Gupteshwar Sah Son of Subhag Sah (deceased) Resident of Village -
                  Muriyar Nawadih Tola, Post Office - Muriyar (Now Gamaharia), P.S. -
                  Dehri (Now Akorhi) Distt. - Rohtas.
            9.    Tapeshwar Sah Son of Subhag Sah, Resident of Village - Muriyar Nawadih
                  Tola, Post Office - Muriyar (Now Gamaharia), P.S. - Dehri (Now Akorhi)
                  Distt. - Rohtas.

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

20   16-06-2026                 Nobody appears on behalf of the appellants.

                                2. On two dates i.e., on 30.04.2026 and 11.05.2026,

                    nobody appears on behalf of the learned counsel for the

                    appellants.
            Patna High Court SA No.206 of 1991(20) dt.16-06-2026
                                                         2/2




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

                      Second Appeal is of the year 1991 and the appellants are

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

                      nobody appears on behalf of the appellants to press this

                      application.

                                   4. In view of the above circumstances, it appears that

                      the appellants have lost their interest to contest the present

                      Second Appeal No. 206 of 1991.

                                   5. Accordingly, the present Second Appeal No. 206 of

                      1991 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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