https://www.taxtmi.com/caselaws?id=458243 Where an appellant appears in a first appeal but advances no arguments, the HC held that the burden of showing error in the decree is not discharged. In that situation, the appellate court is not required to decide the appeal on merits or frame a merits judgment under Order 41 Rule 31 CPC merely because the record is available. The absence of supporting submissions justified treating the disposal as one for default, and a complaint of non-compliance with Order 41 Rule 31 could not succeed. The challenge to the lower appellate court judgment therefore failed. en-us Mon, 18 Mar 1974 00:00:00 +0530 Thu, 17 Oct 2024 15:01:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458243 Where an appellant appears in a first appeal but advances no arguments, the HC held that the burden of showing error in the decree is not discharged. In that situation, the appellate court is not required to decide the appeal on merits or frame a merits judgment under Order 41 Rule 31 CPC merely because the record is available. The absence of supporting submissions justified treating the disposal as one for default, and a complaint of non-compliance with Order 41 Rule 31 could not succeed. The challenge to the lower appellate court judgment therefore failed. Case-Laws Indian Laws Mon, 18 Mar 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458243