Respondent heard irregularly

under order41 rule 25 c.p.c. court may decide the appeal.

yes it is legal under order 41 rule 25 cpc 
 

you can see that judgement 

https://www.indiankanoon.org/docfragment/604432/?formInput=order%2041%20rule%2025%20c.p.c

But Maheshji

order 41 rule 25 cpc  deals with soem other thing and has got nothing to do with what I asked

It deals with teh power of appealate court to frame issues and refer the same to teh trial Court, wheras what I have asked is whether the Ci=ourt is Justified in allowing teh Respondent toargue in my absence after having closed his arguments

25 . Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from— Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required;

and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor [412][within such time as may be fixed by the Appellate Court or extended by it from time to time.]