Supreme Court of India
Ghanshyam Dass Gupta v. Makhan Lal
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons stated above, we are inclined to allow this appeal and set aside the judgment of the High Court and restore FRA No. 664 of 2003 and direct the High Court to dispose of the same in accordance with law.
Judgment, page 4
From the headnote
Code of Civil Procedure, 1908 - Order 41 Rule 17 (1) Explanation - Scope of - Dismissal of appeal on merit by High Court, when there was no appearance on behalf of the appellant - Held: In view of the explicit language of Explanation to Order 41 Rule 17(1), High Court could not have gone into the merits of the case, if there was no appearance on behalf of the appellant - Direction to High Court to dispose of the appeal in accordance with law. Abdur Rahman and Ors. vs. Athifa Begum and Ors. (1996) 6 SCC62: 1996 (5) Suppl. SCR 391 - relied on. Case Law Reference: 1996 (5) Suppl. SCR 391 Relied
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Where later benches applied it
Of those, 1 relied on
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