ASHWATHAMMA Vs. LAKSHMAMMA

JUDGEMENT

(1.) LEAVE granted.

(2.) HEARD Mr. Pijush K. Roy, learned Counsel for the appellant and Mr. Gururaj, learned Counsel for the respondents.

(3.) THE present appeal by special leave is directed against the judgment and decree passed by the High Court of Karnataka in R.F.A. No. 205 of 2008 (SP). Learned Counsel for the appellant has raised a singular contention that when the Counsel for the appellant was absent, the appeal could not have been decided on merits. In support of the said submission, he has commended us to the decision in Ghanshyam Pass Gupta v. Makhan Lal, (2012) 8 SCC 745. In the said decision, it has been held as follows :