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Head Note

The Code of Civil Procedure, 1908  - Order XLI Rule (17) ,  Rule (19)

Appeal and Cross appeal - Absence of appellant - Heard both appeals exparte and dismissed the appeal and allowed the cross appeal - High court dismissed all petitions including delay petition as no sufficient reasons furnished - Apex court held that No appeal suit be disposed of on merits in the absence of appellant as per Or.41, rule 19 but any appeal should be disposed off exparte when the respondent not turned up - Any how the sufficient reasons not furnished for condoning the delay and as such High court rightly dismissed the application to restore - Apex court too dismissed the all civil appeals.

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