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1 - 2 of 2 (0.15 seconds)Benny Dsouza vs Melwin Dsouza on 20 October, 2023
In this regard we draw support from the Order of the
Hon'ble Apex court in the case of Benny Dsouza & Ors. vs.
Melwin Dsouza & Ors. [Petition(s) for Special Leave to Appeal
(C) No(s). 23809/2023], dated 24.11.2023 wherein, while
examining the dismissal of appeal on merits in the context of
Order XLI Rule 17 of the CPC, the Hon'ble Supreme Court has
held that "...If the appellant does not appear when the appeal
is called for hearing it can only be dismissed for non
prosecution and not on merits".
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