YOGENDRA RAI & Ors. v. SAKAL RAI & Ors.
Case at a glance
- Bench
- ANSHUMAN
Outcome
Dismissed
As such, this second appeal is dismissed due to
Provisions considered
- Code of Civil Procedure, 1908 O. XLI rr. 17, 19
Key paragraphs
- Para 66. Liberty is hereby granted that the appellants or their heirs or legal representatives may file an application for re- admission of appeal which has been dismissed for default under Order XLI Rule 19 of The Code of Civil Procedure, 1908. (Dr. Anshuman, J.) Divyansh/-…
Judgment
====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN None None : : 13 15-01-2024 No one appears either on behalf of the appellants or ORAL ORDER on behalf of the respondents.
It transpires to this Court that vide order no.12 dated 11.12.2023, this Court has acknowledged in the order sheet that this appeal has been admitted vide order no.6 dated
17.04.1987. It also transpires to this Court that vide order no.11 dated 29.06.2022, no one appeared on behalf of both the parties in this matter and therefore, the matter was adjourned. And again on 11.12.2023 also no one appeared on behalf of both the parties in this matter and the matter was again adjourned.
Vide order no.12 dated 11.12.2023, it has been also acknowledged by the Court that as a matter of last indulgence, four weeks time was granted and if no one appears on behalf of the appellants on the date fixed, appropriate order shall be passed. Patna High Court SA No.310 of 1985(13) dt.15-01-2024
In this background, this Court has no option left but to pass the order in the light of Order XLI Rule 17 of The Code of Civil Procedure, 1908.
Operative part
As such, this second appeal is dismissed due to appellants default.
Liberty is hereby granted that the appellants or their heirs or legal representatives may file an application for re- admission of appeal which has been dismissed for default under Order XLI Rule 19 of The Code of Civil Procedure, 1908. (Dr. Anshuman, J.) Divyansh/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: As such, this second appeal is dismissed due to
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. XLI rr. 17, 19.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.