Patna High Court

The Chairman, Bihar State Electricity BoardversusGorakh Nath Singh

Decided: 9 February 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 Bihar State Electricity Board filed a second appeal in 1995 against Gorakh Nath Singh. The appellant failed to appear before the court on multiple dates (17.01.2025, 16.09.2025, 04.12.2025) despite repeated notices. No counsel represented the appellant at any of these hearings. The court examined the record and, noting the appellant's persistent absence, invoked Order XLI Rule 17 of the Code of Civil Procedure. Consequently, the appeal was dismissed for default. The decision underscores the procedural requirement of appearing or being represented in appellate proceedings.

Issues considered

Whether a second appeal can be dismissed for default due to the appellant's failure 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.225 of 1995
                  ======================================================
            1.     The Chairman, Bihar State Electricity Board Vidyut Bhawan, Bailey Road,
                   Patna-1.
            2.    The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road,
                  Patna-1.
            3.     The General Manager-cum- Chief Engineer, Area Electricity Board, Bailey
                   Road, Patna.
                                                                           ... ... Appellant/s
                                                  Versus
                  Gorakh Nath Singh Son of Late Amrit Singh, Resident of Station Road,
                  Dumraon, Purana Dharmshala, Police Station- Dumraon, District- Buxar.
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      None
                  For the Respondent/s   :      Mr. Kamla Pd., Advocate
                  ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

34   09-02-2026                 On several dates, i.e., on 17.01.2025, 16.09.2025,

                    and 04.12.2025, 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 1995 and the appellants are

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

                    nobody appears on behalf of the appellants, 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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