Prabodh Ch. Das . vs Mahamaya Das

The Supreme Court held that the High Court erred in dismissing the second appeal on merits in the absence of the appellants' counsel, violating Order XLI Rule 17(1) of the Code of Civil Procedure, 1908. The Court clarified that the High Court lacks the authority to dismiss an appeal on merits when the appellant is absent; it may only dismiss for default of appearance. The judgment of the High Court was set aside, and the matter was remanded for reconsideration in accordance with the law.