Patna High Court

MOST.TARAMUNI @ MOST.TARAMUN KversusRAJENDRA OJHA and ORS

Decided: 2 February 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: ANSHUMAN

Holding

The appeal was dismissed for default under Order XLI Rule 17 of the CPC.

Summary

The appellant, Most. Taramuni, filed a second appeal (No.51 of 2006) before the Patna High Court. The appellant failed to appear at the hearing despite repeated calls, as also noted in the earlier order dated 27-11-2025. The court observed that the appellant's continued non‑appearance left it with no option but to dismiss the appeal for default. Under Order XLI Rule 17 of the Code of Civil Procedure, 1908, the appeal was dismissed, though the court allowed the appellant to apply for admission under Order XLI Rule 19 if appropriate. The lower court records were ordered to be returned to the trial court after four weeks.

Issues considered

Whether a second appeal can be dismissed for default when the appellant fails to appear before the High Court.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLI Rule 17, Order XLI Rule 19

Subjects

default judgment
civil procedure
appeal
non‑appearance
Order XLI

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 SECOND APPEAL No.51 of 2006
                  ======================================================
                  MOST.TARAMUNI @ MOST.TARAMUN K

                                                                          ... ... Appellant/s
                                                  Versus
                  RAJENDRA OJHA and ORS

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :    None
                  For the Respondent/s   :    Mr. Ashok Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

23   02-02-2026                 None appears on behalf of the appellants, even after

                    repeated calls. However, learned counsel Mr. Ashok Kumar on

                    behalf of the respondents is present.

                                2. Upon perusal of the record, it transpires to this

                    Court that vide order no.22 dated 27.11.2025, none appeared on

                    behalf of the appellants and the matter was adjourned with

                    specific direction that if, none appears on behalf of the

                    appellants on the next appointed date, then appropriate order

                    shall be passed. Today also, despite repeated calls, no one

                    appears on behalf of the appellants.

                                3. In this background, this Court has no option but to

                    dismiss the present Second Appeal for appellant’s default under

                    Order XLI Rule 17 of The Code of Civil Procedure, 1908 (Act

                    No.5 of 1908). Liberty is hereby granted that the appellants or

                    their heirs/legal representatives may file an application for re-
             Patna High Court SA No.51 of 2006(23) dt.02-02-2026
                                                          2/2




                       admission of appeal under Order XLI Rule 19 of The Code of

                       Civil Procedure, 1908 (Act No.5 of 1908) which has been

                       dismissed for default.

                                    4. Office is directed to return the Lower Court

                       Records to the concerned trial court after four weeks.



                                                                   (Dr. Anshuman, J)
Divyansh/-

U

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