Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

Ashok Kini

14 Dec 2019 9:52 AM IST

  • Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

    "If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits."

    The Supreme Court has observed that a High Court cannot dismiss a second appeal on merits where the appellant is unrepresented on the date fixed for hearing. If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits, the bench observed. In Prabodh Ch. Das vs. Mahamaya Das, as...

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