KUNDHA SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE question of law involved in this case is whether under the provisions of O. 41 R. 17, Civil Procedure Code, a Judge is entitled to dismiss an appeal on merits if the appellant is not present on the date of the hearing.

(2.) ON 20-7-1957 Kundha Singh filed a suit for the recovery of Rs. 2,300/- against the Punjab State, defendant No. 1, and the State Bank of India, defendant No. 2.

(3.) DEFENDANT No. 1 pleaded that no valid notice under Section 80, Civil Procedure code, was given by the plaintiff and, therefore, the suit was not maintainable. Defendant No. 2 denied the receipt of any such notice.