Supreme Court Sets Aside High Court Judgment Dismissing Second Appeal on Merits in Absence of Appellant's Counsel — Violation of Order XLI Rule 17(1) CPC. The Court held that under Order XLI Rule 17(1) read with its Explanation, the appellate court cannot dismiss the appeal on merits when the appellant is absent; it can only dismiss for default.
13 Dec 2019The case arises from a civil suit filed by the respondents (plaintiffs) for declaration of title, recovery of possession, and mesne profits against th...
