Durga Nand Dubey v. Ramashish Dubey
Case brief
What is this about?
Keywords: dismissal for default; non-appearance / non-prosecution; Order XLI Rule 17 CPC 1908; Order XLI Rule 19 CPC (readmission); last indulgence; order no.8 dated 18.12.2023; L.C. record returned to original Court. Case: Second Appeal No.260 of 1992, Patna High Court; appellant Durga Nand Dubey; respondent Ramashish Dubey; coram Dr. Anshuman, J.; decided 29-01-2024. Relevance: illustrates the consequence of continued non-appearance in a second appeal after a final indulgence, and the readmission route under Order XLI Rule 19 CPC. Purely procedural; no substantive law point decided.
What did the court decide?
Liberty to the appellant, his heirs or legal representatives to seek readmission of the appeal under Order XLI Rule 19 CPC; Office directed to send back the L.C. record to the original Court. ¶14