SC: Dismissal of appeal on merits in absence of appellant is impermissible

The Hon’ble Supreme Court, on 13th December 2019, in the matter of Sri Prabodh Ch. Das And Anr. v. Mahamaya Das And Ors. pronounced that the Court cannot dismiss an appeal on merits where the appellant remains absent on the date fixed for hearing. If it deems fit, the Court may dismiss the appeal for default of appearance but dismissal of appeal on merits in absence of appellant is impermissible.

The Hon’ble Supreme Court observed that:

Order 41 Rule 17(1) of the Civil Procedure Code, 1908 read with its explanation makes it explicit that the Court cannot dismiss the appeal on merits where the appellant remains absent on the date fixed for hearing. (Para 9)

If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits. (Para 9)

Copy of judgement:Judgement_13th-Dec-2019

-Adv. Tushar Kaushik

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