In Brief
This appeal concerns a property dispute where the trial court dismissed the suit, but the first appellate court reversed that decision and granted relief to the plaintiffs. The defendants challenged this in the High Court. On the scheduled hearing date, the defendants' counsel failed to appear, and the High Court proceeded to dismiss the appeal on its merits. The Supreme Court held that under the Code of Civil Procedure, an appellate court cannot dismiss an appeal on merits when the appellant is absent; it may only dismiss for default. The Court set aside the High Court's judgment and remitted the case for fresh hearing, affirming that procedural fairness requires giving absent parties a chance to explain their non-appearance before deciding on merits."
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