Opportunity to be heard in second appeal: dismissal set aside and matter remanded after counsel's absence.

The High Court should ordinarily afford counsel an opportunity before deciding a pending second appeal on merits, and a party should not usually suffer for the default of counsel. As the appellants' side was not heard when the appeal was taken up for final hearing, the Supreme Court found the dismissal of the second appeal and rejection of the recall application unsustainable. It set aside both orders and remanded the matter to the High Court for fresh disposal after hearing the parties in accordance with law.

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Issues: Whether the High Court ought to have decided the second appeal on merits and the recall application when the appellants' counsel was absent, and whether the orders dismissing the second appeal and the recall application required interference.

Analysis: The appeal had been pending for a long period and was taken up for final hearing. The record showed that the appellants' counsel was not present when the matter was heard and that the appeal was thereafter decided on merits. The Court held that, in the circumstances, it would have been appropriate for the High Court to afford an opportunity to the appellants' counsel and that the party should not ordinarily suffer for the default of counsel. The Court also noticed that the appeal had been decided without hearing the appellants' side and that the matter warranted restoration for fresh hearing in accordance with law.

Conclusion: The orders dismissing the second appeal and rejecting the recall application were set aside, and the matter was remanded to the High Court for fresh disposal after hearing the parties.

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