In Brief
The Supreme Court examined whether a High Court can dismiss a second appeal on merits when the appellant's counsel is absent at the hearing. The Court held that Order 41 Rule 17(1) of the CPC, read with its Explanation (added in 1976), prohibits dismissal on merits due to the appellant's non-appearance. The court may dismiss for default alone. The High Court's decision on merits was therefore set aside, and the matter was remitted for fresh disposal in accordance with law.
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