Most.Mundari Devi v. Ram Krit Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.697 of 1986 ====================================================== Most.Mundari Devi And Ors.

... ... Appellant/S

Versus

Ram Krit Yadav And Ors.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None.

For the Respondent/s :

Mr. Anup Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-12-2023 Upon repeated call, no one appears on behalf of the appellants however, Mr. Anup Kumar Sinha, learned counsel for the respondents is present.

2. It transpires to this Court that vide Order No.33 dated 28.11.2023, this appeal has been adjourned for two weeks as a matter of last indulgence. Today is the date fixed for the hearing, but counsel for the appellants does not appear when the present appeal has been called on for hearing. As such, the present appeal is hereby dismissed due to appellant's default under Order XLI Rule 17 of the Code of Civil Procedure, 1908.

3. The appellants or their heirs and legal representatives shall be at liberty to file an application under Order XLI Rule 19 of the Code of Civil Procedure,1908 with a view to re-admission of the present appeal dismissed for default as and when occasion shall arise.

4. With the aforesaid liberty, the present second appeal stands dismissed.

(Dr. Anshuman, J.) Prakashmani/- U