Dismissed¶5

Asarfi Choudhary v. Jagarnath Choudhary

Patna HC9 Jul 2026FA/724/1978

Case brief

AI extract

What is this about?

Patna High Court; First Appeal No.724 of 1978; dismissal for default / non-prosecution; Order XLI Rule 17 CPC; appellants absent despite official notice dated 13.10.2025; Asarfi, Dinesh and Ramesh Choudhary v. Bhagwati, Lachhuman, Ganesh, Birendra, Ravindra, Mahendra Choudhary and Lalti Kumari; decided 09-07-2026 by Ramesh Chand Malviya, J.; no counsel for either side; no merits adjudicated.

What did the court decide?

The Court found that, in the circumstances of repeated non-appearance, the appellants had lost their interest to contest the First Appeal. ¶4

Asarfi Choudhary Vs Jagarnath Choudhary — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.724 of 1978

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======================================================

¶3

Asarfi Choudhary Son of Jagdish Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶4

Dinesh Choudhary, Son of Jagdish Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶5

Ramesh Choudhary, Son of Late Jagdish Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶6

... ... Appellant/s

¶7

Versus

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Bhagwati Choudhary, Son of Jagarnath Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶9

Lachhuman Choudhary, Son of Jagarnath Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶10

Ganesh Choudhary, Son of Jagarnath Choudhary Resident of Village Gopalpur, P.S.- Andar, District- Siwan.

¶11

6.1. Birendra Choudhary Son of Late Kanti Devi Resident of VillageBishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.

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6.2. Ravindra Choudhary Son of Late Kanti Devi Resident of VillageBishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.

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6.3. Mahendra Choudhary Son of Late Kanti Devi Resident of VillageBishunpura, P.O.- Suhagra, P.S.- Guthani, District- Siwan.

¶14

Lalti Kumari, W/o Yogendra Choudhary Resident of Village Gopalpur, P.S.Andar, District- Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : None For the Respondent/s : None ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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33 09-07-2026 Nobody appears on behalf of both the parties.

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On 13.10.2025, office is directed to send an official

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notice to the appellants reminding and requiring them to appear in this case but nobody appears on behalf of the appellants on repeated calls.

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Patna High Court FA No.724 of 1978(33) dt.09-07-2026 2/2

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On perusal of the records, it appears that this First Appeal is of the year 1978 and on repeated calls, nobody appears on behalf of the appellants to press this application.

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In view of the above circumstances, it appears that the appellants have lost their interest to contest the present First Appeal No. 724 of 1978.

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Accordingly, the present First Appeal No. 724 of 1978 is dismissed for default under Order XLI Rule 17 of the Code of Civil Procedure.

¶25

(Ramesh Chand Malviya, J)

¶26

Anand Kr.

¶27

Asarfi Choudhary v. Jagarnath Choudhary

Case brief

What is this about?

What did the court decide?

Asarfi Choudhary v. Jagarnath Choudhary

Case brief

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