Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of civil procedure 1908 Dismissal for default Legality of Appellant appearing at hearing but not addressing court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appeal— Appellant appearing at hearing but not addressing court-—Dismissal for default—Legality of—If Court bound to decide appeal on merits after perusal of record—Refusal of adjournment—Interference by appellate court—Code of Civil Procedure, 1908 (Art. V of 1908), O. 41, rr. 16, 30, 31, 32.The appellant’s appeal was listed for hearing before the High Court four times during the course of about a year. On the last occasion the appellant’s counsel stated that he had no instructions. The appellant who was present asked for an adjournment to arrange for the fees and to instruct another counsel. The adjournment was refused and upon the appellant expressing inability to address the court the High Court dismissed the appeal for default, The appellant contended that the High Court was bound to dispose of the appeal on merits on the material before it. Held, that the High Court had the power to dismiss the appeal without considering the merits, An appellate court was bound to consider only the submissions made by the appellant and if no submissions were made by him, it was not bound to look into the record ; it could simply say that the appellant had not urged anything to show that the judgment and decree under appeal were wrong. .Per Kapur and Dayal, JJ.—The High Court was right in refusing the application for adjournment. The appellant had ample time and opportunity to instruct his counsel. It was within the discretion of the High Court to allow or not to allow the adjournment and the Supreme Court ordinarily did not interfere with such discretionary orders. Per Das Gupta, J.—The High Court was wrong in re- fusing to grant the adjournment. When the counsel engaged refused to address the court it was next to impossible for the client to engage another counsel on the spot to argue the case and impossible for such counsel to address the Court. It is also not reasonable to expect the lay client to argue the appeal. Though an appellate court should not lightly interfere with the discretion exercised by a court in refusing a prayer for adjournment it could interfere if the refusal was not in the interests of justice. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 187 |
Petitioner | Thakur Sukhpal Singh |
Respondent | Thakur Kalyan Singh |
SCR | [1963] 2 S.C.R. 733 |
Judgement Date | 1962-05-02 |
Case Number | 469 |
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