Janak Dulari Devi And ORS v. Amir Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.421 of 1989 ====================================================== JANAK DULARI DEVI and ORS.

... ... Appellant/s

Versus

AMIR SAH and ORS.

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

For the Appellant/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2024 Upon repeated calls, no one appears either on behalf of the appellants or on behalf of the respondents.

2. It transpires to this Court vide order no.26 dated 18.03.2024 that since last five dates, no one appeared in this appeal and on 18.03.2024, two weeks' further time was granted as a matter of last indulgence to the appellant to appear and defend.

3. Today also, no one appears either on behalf of the appellants or on behalf of the respondents.

4. 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.

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

6. Liberty is hereby granted that the appellants or their

Patna High Court SA No.421 of 1989(27) dt.30-04-2024 2/2 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.

7. Office is directed to send back the Lower Court Record.

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