Dismissed¶¶16

Yogendra Rai and Ors. v. Sakal Rai and Ors.

Patna HC15 Jan 2024SA/310/1985

Case brief

AI extract

What is this about?

Dismissal-for-default of a second appeal pending since admission on 17.04.1987; Order XLI Rule 17 CPC dismissal for appellants' default; readmission liberty reserved under Order XLI Rule 19 CPC; repeated non-appearance by both parties (29.06.2022, 11.12.2023, 15.01.2024); last-indulgence warning in order no.12 dated 11.12.2023; oral order by Dr. Anshuman, J., Patna High Court, dated 15-01-2024; Yogendra Rai v. Sakal Rai; no cases cited; no monetary quantum.

What did the court decide?

Liberty to the appellants or their heirs or legal representatives to file an application for readmission of the appeal dismissed for default under Order XLI Rule 19 of the Code of Civil Procedure, 1908. ¶¶16

Yogendra Rai and Ors. Vs Sakal Rai and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶16

Issue for consideration

With both parties repeatedly absent and the final four-week indulgence (granted on 11.12.2023) exhausted without any appearance, how should the Court deal with this long-admitted second appeal — resolved by dismissing it for appellants' default under Order XLI Rule 17 CPC.

¶¶15

Court's answer

Having no option left in the background of repeated non-appearance and the exhausted last indulgence, the Court passed its order in the light of Order XLI Rule 17 of the Code of Civil Procedure, 1908.

¶¶15

Ratio / Principle

The second appeal is dismissed due to the appellants' default.

¶¶16

Key takeaways

Liberty is granted to the appellants, their heirs or legal representatives to file an application for readmission of the appeal dismissed for default, under Order XLI Rule 19 of the Code of Civil Procedure, 1908.ratio¶¶17

Detailed headnote1 paragraphs

PATNA HIGH COURT — Second Appeal No.310 of 1985 (Yogendra Rai and Others v. Sakal Rai and Others); oral order dated 15-01-2024 by Dr. Anshuman, J. The appeal, admitted as far back as 17.04.1987 (per order-sheet acknowledgment in order no.12 dated 11.12.2023), saw no appearance by either side on 29.06.2022 (order no.11) or 11.12.2023, when a final four-week indulgence was granted expressly warning that absence on the date fixed would attract an 'appropriate order'. With no counsel present again on 15.01.2024 ('For the Appellant/s : None For the Respondent/s : None'), the Court stated it had 'no option left' and, acting under Order XLI Rule 17 of the Code of Civil Procedure, 1908, dismissed the second appeal due to the appellants' default, while granting the appellants, their heirs or legal representatives liberty to seek readmission of the appeal under Order XLI Rule 19 of the Code of Civil Procedure, 1908. No precedent was cited and no substantive adjudication of the underlying civil dispute took place.

Yogendra Rai and Ors. v. Sakal Rai and Ors.

Case brief

What is this about?

What did the court decide?

Yogendra Rai and Ors. v. Sakal Rai and Ors.

Case brief

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What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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