JUDGMENT : D. Dash, J. - This appeal has been filed against the judgment and decree passed by the learned Civil Judge (Sr. Division), Chatrapur in R.F.A. No. 16 of 2003. By the said judgment and decree, the appeal filed by the present appellants, who were the unsuccessful plaintiffs in the Title Suit No. 56 of 2001, has been dismissed on merit. The appeal has been admitted on the following substantial question of law: "Whether the lower appellate court in the absence of the appellants and/or the counsel representing them in the appeal was justified in disposing the appeal on merit without following the provision of Rule -17(1) of Order -41 of the Code of Civil Procedure?" 2. Learned counsel for the appellants submit that on the date of hearing of this appeal as would be seen from the judgment of the lower appellate court, the appellants were absent and so also the learned counsel appearing on their behalf in the said appeal. However, the lower appellate court having only heard the learned counsel for the defendant-respondents has gone to dispose of the appeal on merit by affirming the findings of the trial court and confirming the judgment and decree called in question. This, according to him, is not having the legal sanction being wholly contrary to the procedures as prescribed in Order-41 of the Code of Civil Procedure. Therefore, he urges that the judgment and decree passed by the lower appellate court on this ground are liable to be set aside and the matter need be remitted to the lower appellate court for fresh disposal of the appeal in accordance with law after hearing the parties. Learned counsel for the respondents submits that the appeal having been disposed of on merit after hearing upon perusal of the judgment, the lower appellate court has committed no such error of law. Perusal of the Para-3 and 4 of the judgment of the lower appellate court reveals the same state of affair as has been submitted by the learned counsel for the appellants on the date of hearing of this appeal that on that day when appeal was called for hearing none, none was present on behalf of the appellants. So as provided under Rule 17(1) of Order-41 of the Code, the appeal was to meet the fate of simple dismissal in that regard. So as provided under Rule 17(1) of Order-41 of the Code, the appeal was to meet the fate of simple dismissal in that regard. The explanation is very clear on the point which says that nothing in the sub-rule shall be construed as empowering the court to dismiss the appeal on merits. In view of the above, the course adopted by the lower appellate court is held to be not the one which is legally approved. Thus, it is held that the lower appellate court has committed gross illegality in going to dispose of the appeal on merits in the eventuality as already stated in the forgoing paragraphs. Resultantly, the appeal stands allowed and in the facts and circumstances without cost. The judgment and decree passed by the lower appellate court are hereby set aside and the matter is remitted to the lower appellate court for fresh disposal in accordance with law after hearing the parties. In order to save time, the parties are directed to enter appearance in the lower appellate court on 07.09.2015 to receive further instruction and take necessary steps as directed. Viewing the age of the litigation, the lower appellate court is directed to make all endeavour to dispose of the appeal within a period of four months to be computed from 07.09.2015. Final Result : Allowed