VidhiSangh

Supreme Court of India · 13/12/2019

SRI PRABODH CH. DAS AND ANR. versus MAHAMAYA DAS AND ORS.

[2019] 15 S.C.R. 19 · 2019 INSC 1371

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Summary

The Court set aside dismissal of a second appeal on merits when the appellants’ counsel was absent. Order XLI Rule 17(1), read with its Explanation, permits dismissal for default of appearance but does not empower adjudication against the absent appellant on merits. The matter was remitted to the High Court for fresh disposal.

Issues

  1. Whether the High Court could dismiss a second appeal on merits in the absence of the appellants’ counsel.

Provisions considered

Held

Result

The High Court judgment and decree were set aside and the matter remitted for fresh disposal in accordance with law. Appeal disposed of without costs.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 19.