← Library
Patna High CourtSA/505/1988dismiss for nonprosecution

Mirza Sahoor Beg v. Raj Keshwar Rai @ Bhola Rai (Expunged Vide Order Dated 05.07.2011)

2024-06-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.505 of 1988 ====================================================== MIRZA SAHOOR BEG ... ... Appellant/s

Versus

Raj Keshwar Rai @ Bhola Rai (expunged vide order dated 05.07.2011) son of Late Lal Behari Rai, resident of Village Muradabad Kala, P.S. and AnchalSasaram, Dist-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None.

For the Respondent/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-06-2024 No one appears either on behalf of the appellant or on behalf of the respondents.

2. Vide dated 23.04.2024, it transpires to this Court that as a matter of last indulgence, this appeal was adjourned with specific direction that if none appears on behalf of the appellant on the next date fixed, appropriate order shall be passed. Today also, no one appears on behalf of the appellant.

3. In this background, it transpires to this Court that the appellant is not interested to pursue this appeal and therefore, this Court has no option left, but to pass the order in this appeal.

4. As such, this second appeal is dismissed due to appellants default in the light of Order XLI Rule 17 of The Code of Civil Procedure, 1908.

Patna High Court SA No.505 of 1988(18) dt.19-06-2024 2/2

5. Liberty is hereby granted that the appellant or his heirs or legal representatives may file an application for readmission of appeal which has been dismissed for default under Order XLI Rule 19 of The Code of Civil Procedure, 1908.

6. Office is directed to return the L.C. record to the court concerned.

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