Appellant’s Absence: Court Can Only Dismiss for Lack of Prosecution, Not on Merits: SC

Benny D’Souza & Ors. Vs Melwin D’Souza & Ors. (Supreme Court of India) In the case of Benny D’Souza & Ors. Vs Melwin D’Souza & Ors., the Supreme Court addressed the issue of whether a High Court can dismiss an appeal on its merits if the appellants fail to appear. The appellants had not shown up in court due to their counsel’s personal loss, leading the High Court to dismiss the appeal on the grounds that it lacked merit. The Supreme Court found this action improper, as per Order XLI Rule 17 of the CPC, which stipulates that if an appellant does not appear, the court ...