Indavati Devi And ORS v. Ram Chalitar Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.260 of 1989 ====================================================== Indavati Devi And Ors.

... ... Appellant/s

Versus

Ram Chalitar Rai And Ors.

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

For the Appellant/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2024 Upon repeated call, no one appears either on behalf of the appellants or on behalf of the respondents.

2. It transpires to this Court vide order no.15 dated 29.01.2024, that since last three dates, no one appeared on behalf of the appellants. Vide order dated 29.01.2024, this appeal was adjourned as a matter of last indulgence and it has also been instructed that if, on the next date, no one appears on behalf of the appellants, then appropriate order shall be passed.

3. In the light of the above facts and circumstances, this Court has no option left but to pass the order in light of Order XLI Rule 17 of The Code of Civil Procedure, 1908.

4. As such, this second appeal is dismissed due to appellants default.

5. Liberty is hereby granted to the appellants or their heirs or legal representatives to file an application for re-

Patna High Court SA No.260 of 1989(16) dt.12-02-2024 2/2 admission 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 Trial Court after 30 days.

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