Supreme Court · 2014 INSC 295 · Decided 21 April 2014

Harbans Pershad Jaiswal (D) BY LRS. v. Urmila Devi Jaiswal (D) BY LRS.

Court
Supreme Court of India
Citation
2014 INSC 295 · [2014] 5 S.C.R. 291
Case number
CIVIL APPEAL No. 4656/2014
Decided
21 April 2014
Bench
S.S. NIJJAR, A.K. SIKRI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 - Or. XL/ rr. 17, 19 and ~1 - Hearing'of appeal ex-parte - Cross-appeals - During hearing of the appeals, one of the parties not represented - C Decision in the appeals against that party on merit - Plea of the unsuccessful party that the appeals could not on merit and at the most could have been dismissed for default - Held: An appeal can be heard on merits if the respondent is unrepresented, but if the appellant is o unrepresented, it can be dismissed only in default - Ln the present cases, the appeal, in which the unsuccessful party was

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