Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court
Gyanvi Khanna
3 Dec 2023 10:45 AM IST

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3 Dec 2023 10:45 AM IST
The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. These findings were in the context of an explanation provided in Order XLI Rule 17 of the Civil Procedure Code, 1908. This order entitles the Court to dismiss an appeal if, on the day fixed for hearing, the appellant...
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