(1) The appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day may dismiss the appeal.
(2) If on the day fixed or 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.
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred.
(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the judgment.
Order XLI Rule 11 CPC Power to dismiss appeal without sending notice to Lower Court
Order XLI Rule 11A CPC Time within which hearing under rule 11 should be concluded
Order XLI Rule 12 CPC Day for hearing appeal
Order XLI Rule 14 CPC Publication and service or notice or day for hearing appeal
Order XLI Rule 16 CPC Right to begin
Order XLI Rule 17 CPC Dismissal of appeal for appellant’s default
Order XLI Rule 19 CPC Re-admission of appeal dismissed for default
Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made
Order XLI Rule 23 CPC Remand of case by Appellate Court
Order XLI Rule 23A CPC Remand in other cases
Order XLI Rule 24 CPC Where evidence on record sufficient Appellate Court may determine case finally