Appellate Authority Should Look Into Merits Of Matter Even While Considering Appeal Ex-Parte: Patna HC

The Patna High Court has held that the Appellate Authority has a duty and an obligation under the statute to look into the merits of the matter and also examine the grounds raised by the appellant and decide the issue on merits.

The Court was considering a Civil Writ Petition challenging the order of the appellate authority.

The division-bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed, "The Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits, failing which it would be abdicating its powers especially looking at the provisions where the Appellate Authority has been empowered to conduct such further enquiry as found necessary to decide the appeal, which decision also shall be on the points raised."

The Petitioner was represented by Advocate Anubhav Khowala while the Respondent was represented by the Standing Counsel.

It was the case that though the appeal was filed in time but the appellate authority despite opportunity being granted to the appellant to produce the documents in support of his case, he did not produce the same, dismissed the appeal of the petitioner.

The Court restored the appeal with observation that it is the obligation of the Appellate Authority to look into the merits of the matter even if deciding it ex-parte.

"The petitioner shall appear before the Appellate Authority on 12.11.2024. The Appellate Authority or its office shall fix a date of hearing on the said date, with due acknowledgment taken from the appellant; if the date of hearing is issued personally from the office, proceed with the hearing on the date fixed and dispose of the appeal on merits within three months from the date of last hearing," the Court observed.

The Petition was accordingly allowed.

Cause Title: M/S Silverline a Proprietorship Firm vs The State of Bihar

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