First Schedule · Order 41 · Rule 17
Dismissal of appeal for appellant's default
17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. [Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.]
(2) Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte.
Understand civil procedure
Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation. Source checked: 2026-10-01. Source PDF page: 218. Government reference PDF. 2025 amending Act. For reference and study, not individual legal advice.