Patna High Court

RAM CHANDRA SAOversusSHATRUGHAN PRASAD SWARNKAR andAN

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

Holding

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

Summary

The appellant filed a second appeal in 1995 against the respondents. Over several scheduled dates in 2025, the appellant’s counsel failed to appear, and no representative attended the hearings despite repeated notices. The court examined the record and noted the appellant’s continued absence. Under Order XLI Rule 17 of the Code of Civil Procedure, a suit or appeal may be dismissed for default when the party does not appear. Consequently, the court dismissed the second appeal for default. No substantive merits of the dispute were addressed.

Issues considered

Whether the second appeal should be dismissed for default due to the appellant’s failure to appear before the court.

Legislation cited

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

Subjects

default judgment
civil procedure
second appeal
non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        SECOND APPEAL No.219 of 1995
                  ======================================================
                  Ram Chandra Sao, Son of Bittu Sao, Resident of Village- Gopalganj Bazar,
                  P.S. Ghosi, District- Jehanabad.
                                                                              ... ... Appellant/s
                                                     Versus
                  1. Shatrughan Prasad Swarnkar
                  2. Bharat Prasad Swarnkar.
                     Both sons of Sri Babu Lal Sao, Resident of Gopalganj Bazar, P.S. Ghosi,
                     District- Jehanabad.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       None
                  For the Respondent/s   :       None
               ======================================================
              CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                     ORAL ORDER

14   09-02-2026                 On several dates, i.e., on 15.09.2025, 07.10.2025,

                    27.11.2025 and 08.12.2025, 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 1995 and the appellant is absented

                    from several dates and even today, on repeated calls, nobody

                    appears on behalf of the appellant, 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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