The Patna High Court dismissed First Appeal No. 26 of 2012 for default under Order XLI Rule 17 CPC, as the appellant failed to appear despite repeated cautioning.
First Appeal No. 26 of 2012 dismissed for default.
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.26 of 2012
====================================================== Lakshaman Sharma, S/O Late Ram Dahin Sharma Resident Of MaujaBastipur Niranjan Vigha, Post- Dehri, P.S- Dehri, Dist- Rohtas Sasaram
... ... Appellant/s
Versus
Surendra Singh, S/O Mosafir Singh Resident Of Mauja- Bhaisahan, PostManikpur, Police Station- Dehri Indrapuri, Distt- Rohtas Sasaram
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : None For the Respondent/s : Mr. Jitendra Prasad Singh, Advocate Mr. Rajeev Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
14 08-05-2023
Nobody appears on behalf of the Appellant on
repeated calls.
However, Ld. APP for the Respondents is present.
Even on the last date, no one had appeared on
behalf of the Appellant and the Appellant was cautioned to attend the matter on the next date, failing which the matter will be dismissed for dafault under Rule 17 of Order XLI of CPC.
However, despite such cautioning, nobody is
present even today on behalf of the Appellant.
Ld. counsel for the Respondent is pressing for
dismissal of the appeal for default of the Appellant to attend
Patna High Court FA No.26 of 2012(14) dt.08-05-2023 2/2
the matter.
Hence, considering the aforesaid facts and
circumstances, this appeal is dismissed for default under
Rule 17 of Order XLI of CPC.
(Jitendra Kumar, J)
skm/-
U
1 issue framed by the court
Whether the appeal should be dismissed for default due to the appellant's continued non-appearance despite cautioning?
1 provisions across 1 enactments
Lakshaman Sharma
Surendra Singh
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
