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Zainab Begam Vs. Manawar HusaIn Khan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All277
AppellantZainab Begam
RespondentManawar HusaIn Khan and anr.
Excerpt:
civil procedure code, sections 556, 558 - non-attendance of appellant at hearing of appeal--dismissal of appeal on the merits--application for re-admission. - .....inadmissible-we must allow this appeal, and direct the restoration to the file of the application for re-admission under section 558 on the merits, the costs of this appeal being costs in the.....
Judgment:

Brodhurst and Tyreell, J.

1. The Subordinate Judge, as a first appellate Court, had the appellant's appeal before him. On the day fixed for hearing, and on adjourned dates, the appellant did not attend in person or by pleader. The Subordinate Judge then had but one legal course open to him--to dismiss, the appeal in default (Section 556). It was illegal to try the appeal on the merits. The judgment given in this way is a nullity, and must be cancelled: its existence therefore was and is no bar to the re-admission of the appellant's appeal (Section 558), if it was not barred by limitation or otherwise inadmissible-We must allow this appeal, and direct the restoration to the file of the application for re-admission under Section 558 on the merits, the costs of this appeal being costs in the cause.


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