Harbans Pershad Jaiswal th. LRs. vs. Urmila Devi Jaiswal th. LRs. – (SC)

Code of Civil Procedure, 1908–Order 21, Rule 17–Dismissal of appeal on merits in absence of appellant–Application for setting aside the judgment and decree–Rejected–Appeal was against the preliminary decree of partition hence it could be dismissed only on the ground of default–However, appellants failed to show sufficient cause for non-appearance–Hence, there is no reason to recall the impugned order even after the view of High Court was erroneous.