HOMBAMMA Vs. KEMPAMMA THAYAMMA

JUDGEMENT

(1.) At the stage of admission, the respondents are served. They have put in appearance through a counsel. The records of the courts below are also received. The appeal involves a short substantial question of law. Therefore, it is admitted and it is heard for final disposal.

(2.) The substantial question of law that arises for consideration is as to "whether the lower appellate court, in the absence of the counsel for the appellants and in the presence of one of the appellants, could have decided the appeal on merits."

(3.) The records reveal that on 26-7-1988, the appeal was posted for hearing. On that day, a representation was made on behalf of the learned counsel appearing for the appellants for time on the ground that the learned counsel for the appellants was admitted to the hospital for treatment. On this representation, the lower appellate court adjourned the hearing of the appeal to 28-9-1988. On 28-9-1988, appellant No. 1 was personally present. The counsel for the appellants was not present. The counsel for the respondents was present. The Court heard the arguments and delivered the judgment on 29-9-1988 dismissing the appeal with costs on merits.