https://www.taxtmi.com/caselaws?id=458876 Order XLI Rule 17 of the Code of Civil Procedure permits dismissal of an appeal when the appellant is absent, but the Explanation bars dismissal on merits in that situation. The legal position is that absence of the appellant or counsel justifies dismissal for default or non-prosecution, not a merits-based adjudication without hearing. Applying that principle, the merits dismissal was held unsustainable and the matter was remitted for fresh consideration by the High Court after giving the parties an opportunity to be heard. en-us Fri, 24 Nov 2023 00:00:00 +0530 Tue, 11 Nov 2025 15:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458876 Order XLI Rule 17 of the Code of Civil Procedure permits dismissal of an appeal when the appellant is absent, but the Explanation bars dismissal on merits in that situation. The legal position is that absence of the appellant or counsel justifies dismissal for default or non-prosecution, not a merits-based adjudication without hearing. Applying that principle, the merits dismissal was held unsustainable and the matter was remitted for fresh consideration by the High Court after giving the parties an opportunity to be heard. Case-Laws Indian Laws Fri, 24 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458876