Ghanshyam Das Gupta vs Makhan Lal

The Supreme Court held that the High Court erred in deciding the appeal on merits in the absence of the appellant's representation, violating the Explanation to Order 41 Rule 17(1) CPC. The Court clarified that the provision mandates dismissal for default without considering merits when the appellant is unrepresented. The appeal was dismissed, and the matter was remanded for reconsideration, emphasizing the need for the appellant to be given an opportunity to present their case.