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Amlesh Singh & Anr vs Parmanand Singh & Ors

Supreme Court Of India|08 September, 2011
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JUDGMENT / ORDER

Summary

Issue: Procedure for hearing appeals in the High Court
Rule: Code of Civil Procedure (CPC), Section 143
Application: The court has the power to hear and dispose of the appeal, even if the respondents do not appear. The court can also pass such orders as it deems fit, including the dismissal of the appeal.
Conclusion: The court has the power to proceed with the hearing of an appeal, even if the respondents do not appear.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6769 OF 2004 AMLESH SINGH & ANR. APPELLANTS VERSUS PARMANAND SINGH & ORS. RESPONDENTS O R D E R We have heard learned counsel for the appellants.
The respondents, despite service, have not appeared. Therefore, we are left with no option but to proceed with the matter without the assistance of the respondents.
Learned counsel for the appellants submitted that his First Appeal No.143 of 2001 pending in the High Court of Judicature at Patna has not been heard and decided till date. This case has a checkered history. We do not want to burden this order with the entire history.
In the facts and circumstances of this case, we deem it necessary to direct the High Court of Judicature at Patna to hear the First Appeal No.143 of 2001 pending before it and decide it on its own merits without being influenced by any order passed by any Court.
Since the appeal is pending before it for quite some time, we request the High Court to dispose of the First Appeal as : 2 :
expeditiously as possible, in any event, within six months from the date of communication of this order.
With this observation, this appeal is disposed of, leaving the parties to bear their own cost.
. J.
(DALVEER BHANDARI) . J.
(DEEPAK VERMA) NEW DELHI;
8TH SEPTEMBER, 2011
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Title

Amlesh Singh & Anr vs Parmanand Singh & Ors

Court

Supreme Court Of India

JudgmentDate
08 September, 2011
Judges
  • Dalveer Bhandari
  • Deepak Verma