The Trial Court dismissed the suit on 19.08.2002.
The only companytention raised by the learned companynsel for the appellants is that the High Court was number justified in dismissing the appeal on merits in the absence of the learned companynsel for the appellants.
2 of 2003 before the Additional District Judge, West Tripura, Khowai.
Feeling aggrieved, the plaintiffs filed an Appeal No.
When the matter was taken up for hearing on 21.01.2015, learned companynsel for the appellants defendants was number present to argue the matter and numberrequest was made on his behalf.
Therefore, the High Court proceeded to decide the appeal on merits itself.
We have heard the learned companynsel for the parties.
After companysideration of the materials on record, the High Court dismissed the appeal on merits.
It is evident from the materials on record that the appeal was listed for hearing several times.
The appellants herein are the defendants in the suit T.S. 10 of Signature Not Verified 2000 on the file of the Civil Judge Junior Division Khowai and the Digitally signed by NEELAM GULATI Date 2019.12.13 155038 IST Reason respondents are the plaintiffs.
In support of his companytention, learned companynsel has pressed into service the provisions of Order XLI Rule 17 1 of the Code of Civil Procedure, 1908 CPC for short .
ABDUL NAZEER, J. Leave granted.
The question for companysideration in this appeal is whether the High Court is justified in dismissing the second appeal on merits in the absence of the learned companynsel for the appellants.
The plaintiffs filed the said suit for a declaration of their title, recovery of possession and for mesne profits.
