M/S.John Implex (Pvt) Ltd. & Anr vs Athul Kapur & Ors

The Supreme Court upheld the dismissal of the appellant's appeal under Section 104 read with Order XLIII Rule 1(d) of the Code of Civil Procedure, affirming the ex parte decree passed against the appellant in a landlord-tenant dispute. The Court found that the appellant was duly served with notice of the interlocutory application, and the absence during the hearing was not justified. The ruling established that proper service of notice suffices for proceeding ex parte, even if the defendant claims ignorance of the language of the notice.