Supreme Court · 2019 INSC 1371 · Decided 13 December 2019

Sri Prabodh CH. Das and ANR. v. Mahamaya Das and ORS.

Court
Supreme Court of India
Citation
2019 INSC 1371 · [2019] 15 S.C.R. 19
Case number
CIVIL APPEAL No. 9407/2019
Decided
13 December 2019
Bench
S. ABDUL NAZEER, SANJIV KHANNA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 - Explanation to r.17(1) of Or.41 - Dismissal of appeal for appellant's default - The matter was listed for hearing before the High Court, when the matter was taken up, the counsel for appellants/defendants was not present to argue the matter on his behalf - The High Court proceeded to decide the appeal on merits itself - Propriety of - Held: Not proper - Explanation to sub-rule (1) of r.17 of Or.41 clarifies the law by making an express provision that where the appellant does not appear, the Court has no

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