9911796707
TMI Blog1974 (3) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel submitted that the judgment of the Prl. Civil Judge at Tumkur passed in R. A. 59 of 1971 is not a judgment in accordance with law, inasmuch as it does not conform with Order 41, Rule 31, C. P. C. It was urged that though no arguments were advanced on behalf of the appellant in the lower appellate Court, the Court was bound to look into the grounds of appeal, and to record a judgment. The ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er may be taken as heard and that the Court may proceed to judgment on perusing the grounds of appeal. This is precisely what the Civil Judge has recorded in his judgment. It is clear from these admitted facts that the counsel appearing for the appellant did not submit any argument in support of the appeal, when the same came up for hearing before the learned Civil Judge. It is, no doubt, true tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce with Order 41, Rule 31, C. P. C. in such circumstances, the Court can proceed to dismiss the appeal for default. The judgment of the lower Appellate Court, in the circumstances, must be regarded as having the effect of dismissal of the appeal filed by the appellant for default, as no arguments at all were advanced on behalf of the appellant, before the lower Appellate Court. The Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for its consideration, the Appellate Court can decide the appeal without any reference to any proceedings of the Courts below and, in doing so, it can simply say that the appellants have not urged anything which would tend to show that the judgment and decree under appeal were wrong. 2. In view of this authoritative pronouncement of the Supreme Court. it is impossible to accept the contention o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
