In Brief
Prabodh Ch. Das and another filed a civil appeal against a High Court judgment dismissing their second appeal concerning a suit for declaration of title and recovery of possession. The Supreme Court held that the High Court violated Rule 17(1) of Order XLI of the Code of Civil Procedure, 1908 by deciding the appeal on merits in the absence of the appellants' counsel, without a proper request for adjournment. The Court set aside the High Court's judgment and remitted the matter for fresh consideration in accordance with law, with no order as to costs.
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