GANGESHWAR PRASAD, J. : The following question has been referred to this Pull Bench for its opinion :

"Whether, in the absence of an appellant or his counsel, an appellate Court should dismiss the appeal in default or decide the appeal tin merits ? Whether under such circumstances the appellate Court has jurisdiction to dispose of the appeal on merits ?"

2. On an application made under S. 13 of the Arbitration Act the Munsif of Orai passed a decree in terms of an award made by an arbitrator. The defendant preferred an appeal against the decree to the Civil Judge of Orai. When the appeal came up for hearing neither the appellant nor his counsel appeared and the learned Civil Judge dismissed the appeal by passing an order in the following terms :

''The appellant is absent. His counsel does not turn up to argue the appeal. The judgement appealed against is manifestly correct. Therefore, it is hereby ordered that the appeal fails and it is hereby dismissed with costs to the plaintiff-respondent."

Against the dismissal of his appeal the defendant filed an application in revision in this Court. On a reference made by the learned single Judge before whom the revision application came