TMI Blog2018 (12) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... vil Procedure, it is found that re-admission of an appeal in terms of Order 41 Rule 19 CPC is possible only in a case where the dismissal is one in default simpliciter. However, once the appeal is decided on merits, perhaps the proper remedy was either to seek review of the order or challenge the same before the Apex Court. The reason for non appearance has been sufficiently explained - in vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 12.10.2017, had proceeded to decide the appeals on merits in the absence of counsel for the appellant-applicant herein. It is stated that while the Court could have proceeded to dismiss the appeals for non-prosecution on account of absence of the counsel for the parties, it could not have proceeded to decide the same on merits. This was, it is stated, in contravention of the provisions of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der or challenge the same before the Apex Court. However, at this stage, counsel for the applicant places reliance upon the judgment rendered by the Hon ble Apex Court in the case of Navnirman Development Consultants (I) Pvt. Ltd. v. Divisional Commissioner, 2017 (8) SCC 603 to suggest that the Hon ble Apex Court in similar circumstances had observed that even in such cases where the decision is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in for readmission of their appeal by making out the sufficient cause for their non-appearance on the date when the appeal was listed for hearing instead of filing this appeal against the impugned order before this Court. 4. We have gone through the explanation rendered in the applications for the non appearance of the counsel for the applicants on the date when the matter was listed. The rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
