Before Abdul Aziz, C. J.
Report of the Record Office against the order of District Magistrate, Bahawalpur, dated 6th February 1950. Decided on 18th April 1950.
Criminal Procedure Code (V of 1898), Ss. 421, 423¬Appeal dismissed for default-Restoration and hearing on merits.
The Code of Criminal Procedure does not permit the dismissal of an appeal on the ground that the appellant does not appear to support it. If the appeal is not dismissed summarily under section 421, its disposal is governed by section 423 and notwithstanding non-appearance of the party, the Court is bound to send for the record, peruse it and give judgment. [p. 54].
9 Cr. L. J. 553 ; 1923 Mad. 426, referred to.