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may 1962

Supreme Court of India · 1962-05-02

THAKUR SUKHPAL SINGH vs THAKUR KALYAN SINGH

Citation / case number
SC 1960/107
Court
Supreme Court of India
Petitioner
THAKUR SUKHPAL SINGH
Respondent
THAKUR KALYAN SINGH
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that under the Code of Civil Procedure, 1908, the High Court has the authority to dismiss an appeal for default without considering its merits if the appellant fails to make submissions. Specifically, the Court referenced Order 41, Rules 16 and 30, affirming that an appellate court is not obligated to review the record if the appellant does not present arguments. The refusal to grant an adjournment was deemed within the High Court's discretion, although one judge expressed that such refusal could be unreasonable in certain circumstances.

THAKUR SUKHPAL SINGH vs THAKUR KALYAN SINGH · Niyam