Dismissal of appeal for appellants default
Appeals From Original Decrees, in the First Schedule to The Code of Civil Procedure, 1908
(1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed
1[Explanation.---Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.]
(2) Hearing appeal ex parte---Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte.
1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XLI Rule 17 CPC and Order 41 Rule 17 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 41 Rule 17 CPC, Order XLI Rule 17 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
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