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.