Patna High Court

Late Most Bindeshwsari,versusX

Decided: 5 February 2026
Disposal: DISMISSED
Bench: S B P SINGH

Holding

The test case is dismissed for non‑compliance with the order dated 11 September 2025.

Summary

The petitioner filed a test case concerning the goods of the late Bindeshwsari. The court had earlier issued an order on 11 September 2025 requiring the petitioner’s counsel to take certain actions. Despite repeated calls, neither the petitioner nor the counsel appeared before the court. The court examined its office notes dated 4 February 2026, confirming that the order remained unimplemented. Consequently, Justice S. B. Pd. Singh dismissed the test case for non‑compliance with the earlier order.

Issues considered

What is the appropriate consequence when a petitioner fails to comply with a court order and does not appear before the court?

Subjects

non‑compliance
civil procedure
court order
dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          TEST CASE No.12 of 2021
                 ======================================================
                 In the Goods of Late Most Bindeshwsari, Wife of Late Guna Nand Jha,
                 Resident of Village- Baliya, P.S.-Benipatti District-Madhubani.

                                                                       ... ... Petitioner/s
                                                   Versus
                 X x Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     None
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

9   05-02-2026                   Despite repeated calls, none appeared on behalf of

                   petitioner.

                                 2. From perusal of office notes dated 04.02.2026, it

                   appears that order dated 11.09.2025 has not been complied by

                   the learned counsel for the petitioner.

                                 3. Accordingly, the present Test Case No. 12 of 2021

                   stands dismissed for non-compliance with the order dated

                   11.09.2025.



                                            (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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