Patna High Court
Khobhari SahversusDharo Devi
- Decided
- 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 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
- Code of Civil Procedure — s. Order XLI Rule 17
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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