M/S.JOHN IMPLEX (PVT) LTD. vs ATHUL KAPUR .

The Supreme Court upheld the dismissal of an appeal under Section 104 read with Order XLIII Rule 1(d) of the Code of Civil Procedure, affirming the ex parte decree against the appellant in a landlord-tenant dispute. The Court found that the appellant was duly served with notice for the hearing but failed to appear, and the argument regarding lack of service was rejected. The judgment clarified that the absence of the appellant on the scheduled date justified the ex parte proceedings, thus reinforcing the principle that parties must be vigilant in legal proceedings.