This High Court of Patna dismissed a second appeal due to the appellant's default for failing to appear on the hearing date, citing Order XLI Rule 17 CPC. The court granted liberty to file an application for re-admission under Order XLI Rule 19 CPC.
Appeal dismissed; liberty granted to file application under Order XLI Rule 19 CPC for re-admission.
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IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.697 of 1986
======================================================
Most.Mundari Devi And Ors.
... ... Appellant/S
Versus
Ram Krit Yadav And Ors.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : None. For the Respondent/s : Mr. Anup Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
34 19-12-2023
Upon repeated call, no one appears on behalf of the appellants however, Mr. Anup Kumar Sinha, learned counsel for the respondents is present.
(Dr. Anshuman, J.)
Prakashmani/-
U
2 issues framed by the court
Whether the second appeal should be dismissed due to the default of the appellant in failing to appear on the date of hearing.
Whether the appellants are entitled to liberty to apply for re-admission of the dismissed appeal under Order XLI Rule 19 CPC.
2 provisions across 1 enactments
Most Mundari Devi And Ors.
Ram Krit Yadav And Ors.
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
