Does the Dismissal of a Second Appeal for Default Without Hearing Amount to a Decision on Merits and Serve as a Binding Precedent? (Affirms Existing Procedural Law; Limited Precedential Value)

Summary

Category	Data
Case Name	SA/920/1965 of BUDGE BUDGE AMALGAMATED MILLS LIMITED Vs DULAR
CNR	WBCHCA0002741965
Date of Registration	25-08-1964
Decision Date	31-10-2025
Disposal Nature	DISMISSED FOR DEFAULT
Judgment Author	HON’BLE JUSTICE SUGATO MAJUMDAR
Court	Calcutta High Court
Bench	Ct No. 10
Precedent Value	Procedural precedent, not binding on questions of law or fact
Type of Law	Civil Procedure (Appellate Practice)
Ratio Decidendi	Where, after repeated notices and final opportunity, parties fail to appear, appeals may be dismissed for default under the Court’s inherent powers. Such dismissal is not on the merits and does not enter into questions of law or fact raised in the appeal. The Court’s exercise of procedural discretion to dismiss is based on the party’s continued absence, thereby terminating the proceeding without substantive adjudication.
Facts as Summarised by the Court	Multiple second appeals, all by the same appellant (Budge Budge Amalgamated Mills Limited), were called out on several dates with no appearance by any party. The Court, having previously extended a last opportunity to the appellant, dismissed all matters for default due to continued non-appearance.

Category	Impact
Binding On	Not binding as to questions of law or fact; only as a procedural precedent in similar circumstances of non-appearance
Persuasive For	Procedural reference for subordinate courts within the Calcutta High Court’s jurisdiction
Follows	Follows established procedural principles regarding dismissal for non-appearance

Reinforces the practice that courts may dismiss appeals for default if, after clear notice and final opportunity, parties fail to appear.
Clarifies that such dismissals are not on merits and do not constitute substantive precedent on legal or factual issues raised in the appeal.
All pending interim orders in these matters stand vacated automatically upon dismissal for default.

The Court recorded that none of the parties appeared at the time of call, even after multiple opportunities.
Previous dates (September 18, 2025 and October 24, 2025) also saw non-appearance by all parties.
The Court had, on the previous occasion, issued a last opportunity to the appellant to argue the appeals.
Continued non-appearance left no recourse but to dismiss the appeals for default.
The dismissal does not address or decide any questions of law or fact; it is purely procedural.
Any interim orders previously granted in these appeals are automatically vacated.

No arguments were made by the parties, as none appeared on the relevant dates despite repeated opportunities from the Court.

Multiple second appeals were filed by Budge Budge Amalgamated Mills Limited against different respondents.
On at least three occasions (September 18, 2025; October 24, 2025; and October 31, 2025), the matters were listed, but none appeared for any party.
The Court had earlier granted a last opportunity for the appellant to appear and argue.
No appearance having been made again, the Court dismissed all the appeals for default.

The judgment invokes the Court’s procedural authority to dismiss matters for default where parties repeatedly fail to appear.
No statutory interpretation or substantive legal principles were discussed.

No dissenting or concurring opinions are recorded in the judgment.

The judgment reiterates the established procedure: if a party, despite final opportunity, does not appear, the appeal may be dismissed for default, vacating any interim orders as a consequence.

✔ Precedent Followed – The Court followed established procedural practice regarding dismissal for default on non-appearance.