Durga Nand Dubey v. Ramashish Dubey

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.260 of 1992 ====================================================== DURGA NAND DUBEY ... ... Appellant/s

Versus

RAMASHISH DUBEY ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2024 Upon repeated call, no one appears either on behalf of the appellant or on behalf of the respondent.

2. It transpires to this Court that vide order no.8 dated 18.12.2023, this appeal was adjourned as a matter of last indulgence for two weeks and it was also instructed that if, no one appears on behalf of the appellant on the next date fixed, appropriate order shall be passed.

3. Today also, no one appears on behalf of the appellant and 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.

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

5. Liberty is hereby granted that the appellant or his

Patna High Court SA No.260 of 1992(9) dt.29-01-2024 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.

6. Office is directed to send back the L.C record to the original Court.

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