https://www.taxtmi.com/caselaws?id=458860 Where an appellant is effectively unrepresented because the vakil present has only instructions to seek an adjournment and cannot argue the appeal, the proper course is to dismiss the appeal for default and preserve the statutory remedy of readmission. The court should not examine the merits in such a situation, as the change in the later Code was not meant to authorise a merits decision that would defeat that remedy and prejudice the appellant. On that basis, the Madras HC treated the subordinate judge's merits-based dismissal as beyond jurisdiction, set it aside as ultra vires, and directed restoration of the appeal for disposal according to law. en-us Thu, 23 Mar 1922 00:00:00 +0530 Tue, 19 Nov 2024 17:29:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458860 Where an appellant is effectively unrepresented because the vakil present has only instructions to seek an adjournment and cannot argue the appeal, the proper course is to dismiss the appeal for default and preserve the statutory remedy of readmission. The court should not examine the merits in such a situation, as the change in the later Code was not meant to authorise a merits decision that would defeat that remedy and prejudice the appellant. On that basis, the Madras HC treated the subordinate judge's merits-based dismissal as beyond jurisdiction, set it aside as ultra vires, and directed restoration of the appeal for disposal according to law. Case-Laws Indian Laws Thu, 23 Mar 1922 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458860