https://www.taxtmi.com/caselaws?id=187118 Counsel's authority to state that an appeal would not be pursued continued until the proceeding was duly terminated under Order III Rule 4 CPC, and the appellate court had co-extensive power under Order XXIII Rule 1, read with Section 107(2), to permit abandonment of an appeal wholly or in part. Admission of the appeal did not remove that power, and the court was not required to decide the merits under Order XLI Rule 11 when the appellant chose not to proceed. The dismissal of the appeal as withdrawn was therefore upheld. en-us Wed, 27 Nov 1996 00:00:00 +0530 Mon, 10 Oct 2016 16:08:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187118 Counsel's authority to state that an appeal would not be pursued continued until the proceeding was duly terminated under Order III Rule 4 CPC, and the appellate court had co-extensive power under Order XXIII Rule 1, read with Section 107(2), to permit abandonment of an appeal wholly or in part. Admission of the appeal did not remove that power, and the court was not required to decide the merits under Order XLI Rule 11 when the appellant chose not to proceed. The dismissal of the appeal as withdrawn was therefore upheld. Case-Laws Indian Laws Wed, 27 Nov 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187118