Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Dismissal for Non-Prosecution by Lower Appellate Court. The Court held that under Order 41 Rule 17 CPC, an appellate court cannot dismiss an appeal for default without deciding it on merits when the appellant appears, and must hear the appellant and decide the appeal on merits.
17 Oct 2019The appellant, Pandhari Mude, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated ...
