Supreme Court of India
Sri Prabodh Ch. Das and Anr. v. Mahamaya Das and Ors.
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From the headnote
Code of Civil Procedure, 1908 – Explanation to r.17 (1) of Or.41 – Dismissal of appeal for appellant’s default – The matter was listed for hearing before the High Court, when the mat ter was taken up, the counsel for appellants/defendants was not present to argue the matter and no request was made on his behalf – The High Court proceeded to decide the appeal on merits itself – Propr iety of – Held: Not proper – Explanation to sub-rule (1) of r.17 of Or.41 clarifies the law by making an express provision th at where the appellant does not appear, the Court has no power to dismiss the appeal on
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