Supreme Court of India
The Secretary, Department of Horticulture, Chandigarh & Anr. v. Raghu Raj
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What the Court ordered
We hold that the impugned order of the B High Court is liable to be set aside.
Judgment, page 18
From the headnote
r Code of Civil Procedure, 1908 - 0. XU, rr 17 and 19 rlw c 0. XL/Ir. 1 - Appeal from Appellate Decree - Second appeal - Dismissal of, on merits in absence of counsel for the appel- /ant - Propriety of - Held: Not proper - Appeal can be dis;. missed for default but cannot be decided on merits in absence of appellant or his advocate - On facts, appeal which was ad- milted in 1980 came up for final disposal in 2006 - Also sub- stantial question of law· framed for the first time in 2006 - Jn view thereof, High Court ought to have granted opportunity to t the counsel for appellant to make his
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