2023 (11) TMI 1309 - SCH - Indian Laws

Dismissal of appeal - no representation on behalf of the appellants before the High Court - Order XLI Rule 17 of the CPC - HELD THAT - The Explanation of Order XLI Rule 17 of the CPC categorically states that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. However, the impugned judgment is a dismissal of the appeal on merits which is contrary to the aforesaid provisions and particularly the Explanation thereto. On that short ground alone the appeal is allowed the impugned order is set aside. Appeal is restored on the file of the High Court.

Summary

The Supreme Court allowed the appeal of the plaintiffs in RSA No.196/2022, setting aside the dismissal of the appeal on merits by the High Court. The matter is remanded to the High Court for consideration on the merits of the appeal. The appeal was allowed and disposed of with no costs.