Case Note & Summary
The case involved an appeal filed by the plaintiff, Mohammed, against several defendants including Pathumma and others. The appeal was heard on 17-10-1955, but the appellant was absent during the proceedings, and his advocates reported that they had no instructions to proceed. Consequently, the court dismissed the appeal with costs awarded to the 10th respondent. The court's decision was based on the absence of the appellant, which justified the dismissal of the appeal. The judgment was delivered on the same day as the hearing, emphasizing the procedural requirement for the appellant's presence or instructions for the appeal to proceed.
Headnote
A) Civil Procedure - Dismissal of Appeal - Absence of Appellant - Code of Civil Procedure, 1908 - The court dismissed the appeal as the appellant was absent and no instructions were provided by the advocates. The dismissal was accompanied by an order for costs to be paid to the 10th respondent. Held that the absence of the appellant justified the dismissal of the appeal (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed due to the absence of the appellant
Final Decision
The court dismissed the appeal with costs to the 10th respondent due to the absence of the appellant.
Law Points
- Dismissal of appeal
- absence of appellant
- costs awarded
