Civil Procedure Code, 1908
Order 41 Rule 17(1)—Dismissal of appeal for appellant’s default—When the counsel appearing for the appellant or the appellants are not present, and the counsel for the respondent is present, the only course open for the First Appellate Court is to dismiss the appeal for non-prosecution—Appellate Court should not consider the appeal on merits after hearing the counsel for the respondent—Judgment and decree passed by the First Appellate Court, considering the appeal on merits in the absence of appellant, after hearing the counsel for the respondent is perverse and arbitrary.
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