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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