HARBANS PERSHAD JAISWAL (D) BY LRS. versus URMILA DEVI JAISWAL (D) BY LRS.

HARBANS PERSHAD JAISWAL (D) BY LRS. versus URMILA DEVI JAISWAL (D) BY LRS.

An appeal can be heard on merits if the respondent is unrepresented, but if the appellant is unrepresented, it can be dismissed only in default and not on merits; however, as no sufficient cause for non-appearance was shown, there was no reason to recall the order dismissing the appeal in default.

Parties
Appellant: Harbans Pershad Jaiswal (D) by LRs.; Respondent: Urmila Devi Jaiswal (D) by LRs.
Jurisdiction
India
Judgment Date
21 April 2014
Procedural Posture
Civil Appeal / Appeal From Order of High Court of Andhra Pradesh Dismissing Applications to Set Aside Ex Parte Orders
Outcome
Appeals dismissed
Legal Topics
Ex Parte Orders, Appeal Procedure, Default in Appearance
Civil Procedure Ex Parte Orders Appeal Procedure Default in Appearance

Case Brief

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Parties

Harbans Pershad Jaiswal (D) by LRs.

Appellant

Urmila Devi Jaiswal (D) by LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court of Andhra Pradesh Dismissing Applications to Set Aside Ex Parte Orders

Legal Issues

  1. 1 Whether the appeal filed by the appellant could be dismissed on merits in their absence or only in default under Order XLI Rule 17 of the Code of Civil Procedure, 1908
  2. 2 Whether High Court was correct in refusing to recall ex-parte orders where no sufficient cause was shown for non-appearance

Ratio Decidendi

An appeal can be heard on merits if the respondent is unrepresented, but if the appellant is unrepresented, it can be dismissed only in default and not on merits; however, as no sufficient cause for non-appearance was shown, there was no reason to recall the order dismissing the appeal in default.

Court Disposition

Appeals dismissed

Orders

  • No interference with High Court order; no recall of dismissal in default.