court can not decide appeal on merit when appellant is absent
We are, in this case, called upon to consider whether the High Court was justified in deciding the appeal on merits in the absence of any representation on behalf of the appellant, in view of Explanation to Order 41 Rule 17(1) CPA. The said provision is given below for easy reference:
“Rule 17. Dismissal of appeal for appellant’s default.- (1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may take an order that the appeal be dismissed.
Explanation.- Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.”
Rule 17(1) of Order 41 deals with the dismissal of appeal for appellant’s default. The above mentioned provision, even without explanation, if literally read, would clearly indicate th
- See more at: https://www.lawweb.in/#sthash.Woi9HoPq.dpuf
