https://www.taxtmi.com/caselaws?id=126792 Under Order XLI Rule 17(1) CPC, the appellate court cannot decide an appeal on merits when the appellant is absent; it may only proceed in accordance with the limits of dismissal for non-appearance. The Explanation bars converting default of appearance into a merits-based affirmation or rejection of the trial court judgment. Because the High Court examined the record and recorded findings despite the appellants' counsel being absent, it exceeded its jurisdiction under the rule. The merits-based disposal was therefore impermissible, and the matter was remitted for fresh disposal in accordance with law. en-us Wed, 28 Aug 1996 00:00:00 +0530 Tue, 08 Jan 2013 17:19:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126792 Under Order XLI Rule 17(1) CPC, the appellate court cannot decide an appeal on merits when the appellant is absent; it may only proceed in accordance with the limits of dismissal for non-appearance. The Explanation bars converting default of appearance into a merits-based affirmation or rejection of the trial court judgment. Because the High Court examined the record and recorded findings despite the appellants' counsel being absent, it exceeded its jurisdiction under the rule. The merits-based disposal was therefore impermissible, and the matter was remitted for fresh disposal in accordance with law. Case-Laws Indian Laws Wed, 28 Aug 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126792