IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal from Order No. 305 of 2008 Ashik Ali, S/o Rahmat Ali, R/o Tanakpur, District Champawat. .……… Appellant Versus Manoj Kumar Jauhari, S/o Gyan Prakash Jauhari, R/o Tanakpur, District Champawat. ……… Respondent Mr. Mahavir S. Tyagi, Advocate for the appellant. Mr. K.N. Joshi, Advocate for the respondent. JUDGMENT J.C.S. Rawat, J. This is an appeal arising out of a judgment and order dated 29.04.2008 & 24.05.2008 passed by the Additional District Judge/1st Fast Track Court, U.S. Nagar whereby the learned Addl. District Judge heard the respondent-plaintiff ex-parte on merit and dismissed the Civil Appeal No. 3/1 titled as Ashik Ali Vs. Manoj Kumar Jauhari on merit. The main ground of challenge before this Court is that the first appeallate court has committed a menifest error of law in deciding the aforesaid appeal on merit in absence of the appellant, which is in violation of Order 41 Rule 17 of the Civil Procedure Code. The perusal of the orders dated 17.4.2008 as well as 24.4.2008 clearly reveals that the appellant was not present on 17.4.2008 and the appeal was heard in absence of the appellant, thereafter, the appeal was fixed on 24.4.2008 for judgment. The order of 24.4.2008 clearly reveals that the judgment could not be pronounced on that date due to some technical error in computer. The case was then fixed on 29.4.2008. It is apparent from the record that the appellant was not heard. Mr. K.N. Joshi, the learned counsel for the respondent stated before the Court that this appeal may be remanded and the court may be directed to dispose of the appeal expeditiously. After hearing the parties, the appeal is disposed of as agreed by the learned counsel for the parties and the following agreed order is passed (i) the appeal is allowed and the judgment and orders dated 29.4.2008, order dated 17/04/2008 and 24.5.2008 are hereby set aside, (ii) the first appellate court is directed to dispose of the appeal preferably within one month from the date of presentation of the certified copy of the order before the court, (iii) the parties are directed to appear on 29th July, 2008 before the first appeallate court. No order as to costs. The appeal is disposed of accordingly. (J.C.S. Rawat, J.) 21.07.2008 V.K.