CPC - ORDER XLI - Rule 17. Dismissal of appeal for appellant's default

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    (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.

    ²³[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.

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