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THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on hearing

Order XLI Rule 17: Dismissal of appeal for appellants’ default

The Code of Civil Procedure, 1908

(1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.

1[Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.]

(2) Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte.

Footnotes in the official text

  1. 1.The words “or rule 18” omitted by Act 46 of 1999, s. 31(w.e.f. 1-7-2002).

Questions on this rule

1 question in 5 of our papers cite Order XLI Rule 17.

Practise questions on Civil Procedure Code