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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.Manjula
B.Maragatham – Appellant
Versus
Deputy Registrar of Cooperative Societies (Housing) – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of civil appeals. (Para 2) |
| 2. appellate authority's failure to follow cpc rules. (Para 3 , 4) |
| 3. remand for proper hearing on merits. (Para 5) |
| 4. ruling and order to retry case. (Para 6) |
ORDER :
R.N. Manjula, J.
Heard Mr. M.Ravi Bharathi, learned counsel for the petitioner and Mr.B.Tamilnidhi, learned Additional Government Pleader for the respondent.
2. The petitioner has filed this Civil Revision Petition by challenging the common order passed by the learned Principal District Judge, Kancheepuram District at Chengalpattu dated 03.11.2023 in Co-operative CMA.No.08/2009 in which the Civil Miscellaneous Appeals filed by this petitioner and others have been dismissed.
3. The learned counsel for the petitioner submitted that the appellate authority, without following the provision of Order XLI Rule 17 of CPC, passed orders on merits in the appeals filed by them in their absence.
4. Reliance was placed on the recent judgment of the Hon'ble Supreme Court made in SLP.No.23809/2023 wherein the Court has held that the appellant who does not appear when the appeal is called for, the appeal can only be dismissed for non prosecution and not on merits. However,
Dismissals of appeals must occur for non-prosecution when appellants are absent, not on merits, ensuring adherence to procedural requirements.
An appellate court must comply with procedural rules and cannot dismiss appeals on merits if the appellants are absent; such appeals should only be dismissed for non-prosecution.
The appellate court must dismiss appeals for non-appearance rather than on merits, ensuring compliance with procedural rules under Order XLI Rule 17 of CPC.
An appeal cannot be dismissed on merits when the appellant remains absent, as per Order 41 Rule 17(1) of C.P.C.
An appeal cannot be dismissed on merits if the appellant is not represented; dismissal must be for non-prosecution as per CPC Order XLI Rule 17.
An appeal cannot be dismissed on merits in the absence of the appellant or their counsel, as per Order XLI Rule 16 and Rule 17.
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