Durga Prasad and Anr. v. the State of Bihar and Ors.
Case brief
What is this about?
Patna High Court First Appeal No.743 of 1995 (appellants: Durga Prasad and Bashistha Prasad v. State of Bihar, S.D.M. Bagha, Project Executive Officer Ram Nagar, and Bishwanath Prasad); dismissed for default under Order XLI Rule 17 CPC on 22-01-2026 by Justice Ramesh Chand Malviya owing to appellants' non-appearance since 2023 (dates 17.04.2023, 04.07.2024, 08.01.2026); no advocates present; no cases cited; no monetary quantum.
What did the court decide?
The first appeal is dismissed for default under Order XLI Rule 17 of the Code of Civil Procedure, as the appellants had not been appearing since 2023 and no one appeared even on repeated calls. ¶17