In First Appeal No. 756 of 1980, the Patna High Court dismissed the appeal filed by the Bihar State Food and Civil Supplies Corporation. The appellant failed to appear on the hearing date, leading the court to dismiss the matter for non-prosecution. The underlying judgment concerned a tenancy suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.756 of 1980
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Appellant/s : None. For the Respondent/s : None.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT
Date : 12-12-2022
No one appears on call.
On 14.11.2022, the following order was passed :
“ On call, no one appears.
As a last chance, list this matter after four weeks.
In the meantime, it is expected that a synopsis relating to the dates and events as also facts will be provided on the next date
Patna High Court FA No.756 of 1980 dt.12-12-2022
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of hearing.”
The present petition was filed against the judgment and decree dated 22.3.1980 passed by the Subordinate Judge, Katihar in Title Suit No. 06 of 1978 by which the suit was allowed with the following observations :
15. I find that, if 22.2.75 is taken as the starting date of tenancy, then the notice (Ext.A) will not be valid according to law, as clear 15 days notice of determining the tenancy was not given. But, this line of plea was not taken in the W.S. Further, the learned lawyer for the defendant did not make any such argument in course of his argument. This leads the logical inference that the tenancy was month to month tenancy according to English calendar. And, taken in that perspective, the notice (Ext.1) is legal and valid notice U/s. 106 T.P. Act.
Ordered
that the suit be, and the same is decreed in part as indicated above on contest with
Patna High Court FA No.756 of 1980 dt.12-12-2022
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proportionate cost. The defendants are directed to give vacant possession “Page no. 10 begins” over the suit godown to the plaintiffs within the period of 60 days from now, failing which the plaintiffs will be entitled to recover possession by process of court. Pleader’s fee Rs. 32/- only.”
Aggrieved, the present appeal was filed but no one has turned up to plead the case.
It seems, the appellant has lost interest in the
case.
The First Appeal No. 756 of 1980 is accordingly dismissed for non-prosecution.
(Rajiv Roy, J)
Ravi/Ajay/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.12.2022 |
| Transmission Date | NA |
2 issues framed by the court
Whether the First Appeal is maintainable given the absence of the appellant on the date of hearing.
How the appellate court should proceed when an appeal is filed for non-prosecution.
Bihar State Food and Civil Supplies Corporation through its Managing Director
District Manager Bihar State Food and Civil Supplies Corporation Katihar
M/S Bhola Ram Agarwal
Ram Autar Agarwal
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
