Supreme Court · 2006 INSC 980 · Decided 8 December 2006
Desa Singh v. Ajit Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 980 · [2006] SUPP. 10 S.C.R. 475
- Case number
- CIVIL APPEAL No. 5663/2006
- Decided
- 8 December 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Practice and procedure-Non-appearance on behalf of appellant in second appeal for reasons beyond their control-Decision on merits by High Court against appellant-Correctness of-Held: High Court ought to have c dismissed the matter for default-Thus, order of High Court set aside and matter when there was non appearance on behalf of appellant due to unforeseen circumstances, High Court was right in proceeding to decide the D matter on merits. Disposing of the appeal, the Court HELD: When the matter was taken up before the High Court, there was no representation by the appellant
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